NY votes on controversial constitutional amendment

ALBANY, N.Y. (NEWS10) -- Across the country, voters will decide who they’d like to see represent them in the Oval Office and on Washington, D.C.’s Capitol Hill. Here in New York, voters will also have to choose candidates to represent them in the state Assembly and Senate. In addition, New Yorkers have a question on the ballot that could change the state’s constitution.

On the back of the ballot this year is Proposition One, also known as Equal Rights Amendment, which would be written into the State’s constitution if passed. 

"Prop One for folks who don’t know, essentially closes the loophole in our state’s constitution," explained Erica Smitka with the League of Women Voters. "Right now New Yorkers are only protected from discrimination based on race and religion. This would expand that to ensure that all New Yorkers are protected by discrimination by the government."

If approved by the voters, the amendment would include age, ethnicity, sexual orientation, gender identity and pregnancy outcomes to the list of protections, among others.

Supporters say by adding pregnancy outcomes, abortion would be protected in the state’s constitution. 

Groups such as Protect Kids New York are worried the amendment’s broad language will have unintended consequences when interpreted by the courts. One of the main concerns is that transgender athletes would be allowed to play on girls teams. According to Politifact, New York already has protections for athletes to compete in youth sports teams that align with their gender identity.  

"I really want to reinforce to folks that this would be an amendment to our constitution, so it would not add, take away, or change any of our current laws here in New York State," said Smitka.

She explained the reason why supporters of the amendment want it to be added to the constitution. 

"If you have a politician that is in office that may not be in favor of abortion for example, turning over the laws in New York State are much easier to do than making a change to the constitution which takes years."

A Siena Poll taken last month asked New York voters about the amendment. "89% of Democrats say they are supporting Prop One. 62 % of independent voters say they are supporting it, but by a 50-30% margin, Republicans say they are voting no," explained pollster, Steve Greenberg." So, you have more of a third of Republicans who are voting yes, but half of Republicans say they are voting no."

In order for Prop One to be on the ballot this year, the amendment had to pass two consecutive legislative sessions.