Democrats' Abortion Law: Did New York Democrats Vote?

Abortion has been a legal right in New York since 1970, three years before Roe v. Wade. In 2019, the Reproductive Health Act was passed to protect access to reproductive rights and further enshrine the right to abortion in state law. In 2022, Roe v. Wade was overturned, but abortion remains legal in New York, with additional protections for minors, transgender men, and non-binary people. In November 2024, New Yorkers will vote on Proposition One, also known as the 'New York Equal Rights Amendment', which seeks to update the state's Equal Rights Amendment to include new protected classes, including pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy. While this proposal has been supported by Democrats, it has also faced opposition, with some arguing that it could enable illegal immigrants to vote and allow biological males who identify as transgender to compete in women's sports.

Democrats want to enshrine abortion in the state constitution

Democrats in New York want to enshrine abortion in the state constitution through a ballot measure known as Proposition 1 or the "New York Equal Rights Amendment". This amendment seeks to update the state's Equal Rights Amendment, first passed in 1938, to include new protected classes, such as "pregnancy, pregnancy outcomes, and reproductive health care and autonomy".

The state constitution already shields New Yorkers from discrimination based on race, colour, religion, and creed. Proposition 1 would expand those categories to include sex, sexual orientation, gender identity, gender expression, ethnicity, national origin, age, disability, pregnancy, and "pregnancy outcomes", which includes abortion.

Supporters of the measure argue that it will protect abortion access by making it harder for state lawmakers to restrict the procedure in the future. They also argue that it will codify legal protections for abortion into the State Constitution, ensuring that abortion remains legal and accessible in New York even if political shifts occur.

However, not everyone agrees that Proposition 1 will effectively enshrine abortion rights in the state constitution. Vincent Bonventre of Albany Law School argues that the bill's language does not explicitly list abortion as a fundamental right for New Yorkers, but rather states that one cannot face discrimination for having an abortion. He believes that the amendment will not prevent a conservative state government from passing restrictions on abortion in the future.

The measure has also faced opposition from Republicans, who argue that it would provide a constitutional right for transgender athletes to compete in women's sports and allow minors to pursue gender-affirming surgery without parental consent. Despite these concerns, Democrats continue to advocate for the inclusion of abortion in the state constitution, believing it to be crucial for protecting reproductive rights in New York.

The New York Equal Rights Amendment

On November 5, 2024, New Yorkers will vote on a ballot measure known as Proposition One, or the New York Equal Rights Amendment. The proposal seeks to update the state's Equal Rights Amendment, first passed in 1938, to include new protected classes that include "pregnancy, pregnancy outcomes, and reproductive health care and autonomy."

The state constitution already shields New Yorkers from discrimination based on race, color, religion, and creed. Prop One would expand those categories to include sex, sexual orientation, gender identity, gender expression, ethnicity, national origin, age, disability, pregnancy, and "pregnancy outcomes" — including abortion.

Supporters of the measure say it would protect abortion access by expanding the state's anti-discrimination protections. If passed, the ERA will be added to New York's State Constitution, explicitly prohibiting discrimination by the government based on a person's ethnicity, national origin, age, disability, and sex — including their sexual orientation, gender identity, and gender expression — in addition to pregnancy and pregnancy outcomes.

The amendment would also protect against any government actions that would curtail a person's reproductive autonomy or their access to reproductive health care. For example, the ERA would prevent the state from implementing a state abortion ban, stopping state funding for abortion via Medicaid, banning private insurance coverage of abortion, prosecuting or criminalizing miscarriage, and adding medically unnecessary burdens on patients or facilities.

Opponents of the proposal, including many Republicans, argue that it would provide a constitutional right for transgender athletes to compete in sports and allow minors to pursue gender-affirming surgery without parental consent. They also argue that the amendment would affect issues like whether transgender girls can play on girls' high school sports teams and parents' ability to weigh in on their children's healthcare choices.

Republicans oppose the amendment

In New York, the proposed amendment to the state's constitution, known as Proposition 1 or the "New York Equal Rights Amendment," has faced opposition from Republicans. While the amendment seeks to expand anti-discrimination protections to include "sex, sexual orientation, gender identity, gender expression, ethnicity, national origin, age, disability, pregnancy, and 'pregnancy outcomes' — including abortion," Republicans have offered several arguments against its adoption.

Firstly, Republicans argue that the amendment would provide a constitutional right for transgender athletes to compete in sports. They claim that it would allow transgender students to participate in girls' sports teams, which they consider a threat to family values and fair competition. This concern has been a significant point of contention for Republicans, who worry about the impact on traditional family values and the integrity of women's sports.

Secondly, Republicans argue that the amendment is an overreach of constitutional powers. They believe that it would infringe upon parents' rights to make healthcare decisions for their children, particularly regarding gender-affirming treatments and surgeries. This opposition stems from a desire to preserve parental authority and protect children from what they see as unnecessary medical interventions.

Additionally, Republicans have criticized the amendment's potential impact on religious freedom. They worry that expanding anti-discrimination protections, especially regarding sexual orientation and gender identity, could conflict with religious beliefs and practices. This concern reflects a desire to protect religious liberty and ensure that individuals can freely exercise their faith without government interference.

Furthermore, some Republicans argue that the amendment does not explicitly mention or guarantee abortion rights. They claim that it fails to provide a clear and explicit protection for abortion access. This argument stems from a desire for clarity and a concern that vague language could lead to future legal challenges and restrictions on abortion rights.

Lastly, Republicans argue that the amendment could lead to unnecessary court battles and legal complexities. They worry that the amendment's broad language could result in a flood of lawsuits, with individuals and groups seeking to interpret and define the scope of the new protections. This opposition reflects a desire for legal clarity and a concern about the potential burden on the court system.

Abortion is legal in New York until 24 weeks

Abortion has been legal in New York since 1970—three years before the Roe v. Wade decision, which legalized abortion across the United States. In New York, abortion is legal for any reason up to 24 weeks into a pregnancy. After 24 weeks, abortion is still permitted if the pregnancy is not viable or the pregnant person's health is at risk.

In 2023, two federal courts released rulings regarding Mifepristone, a component of medication abortion. Despite this, medication abortion remains safe and available in New York. The following year, the U.S. Supreme Court ruled to keep medical abortions available and accessible to women across America.

In 2019, New York passed the Reproductive Health Act to protect access to reproductive rights across the state and make the right to abortion part of state law. In 2022, when Roe v. Wade was overturned, New York ensured that all pregnant people, including minors, transgender men, and non-binary people, have the right to a safe and legal abortion.

In 2024, New Yorkers will vote on a ballot measure, known as Proposition One or the New York Equal Rights Amendment, which proponents say will "enshrine abortion" in the state's constitution. However, legal experts disagree on the potential impact of the amendment. While it will expand the categories of protection to include sex, sexual orientation, gender identity, gender expression, ethnicity, national origin, age, disability, pregnancy, and "pregnancy outcomes", it does not explicitly list abortion as a fundamental right.

The amendment will make it harder to restrict abortions

In April 2019, New York state lawmakers passed—and Governor Andrew Cuomo signed—a bill to protect abortion rights in the state. The Reproductive Health Act (RHA) guarantees abortions up to 24 weeks of pregnancy and permits abortions after that point only if the fetus is not viable or the mother's life or health is at risk. The legislation also moves jurisdiction over abortion from the penal code to public health law, and allows certain advanced practice clinicians to perform abortions.

The amendment was a response to concerns that, with a conservative majority on the Supreme Court, Roe v. Wade—the 1973 ruling that legalized abortion nationwide—could be overturned. Indeed, in June 2022, the Court did overturn Roe v. Wade, but New York's amendment ensured that abortions would remain accessible in the state regardless.

The RHA faced opposition from anti-abortion groups and some religious leaders, who argued that it would lead to an increase in abortions and that it removed protections for unborn children. However, supporters of the amendment, including many Democrats, maintained that it was necessary to protect women's reproductive rights and health. They argued that restrictive abortion laws disproportionately affect low-income women and women of color, who may face barriers to accessing healthcare and have limited resources to travel out of state for an abortion if needed.

By guaranteeing abortion rights in state law, the RHA makes it more difficult for future legislatures or courts to restrict abortions in New York. It ensures that, even if federal protections for abortion are weakened or removed, women in New York will still have legal access to the procedure. This is particularly significant given that neighboring states like Pennsylvania and New Jersey have much more restrictive abortion laws, and that many women already travel to New York from out of state to access abortion services.

The amendment also has broader implications for the country as a whole. New York is one of several states that have taken steps to protect abortion rights at the state level, effectively creating a "safe haven" for women seeking abortions even if Roe v. Wade were overturned. These state-level protections could become crucial in ensuring that women across the country continue to have access to safe and legal abortions.

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