Correcting False and Misleading Claims About Proposition 1, the ERA

This letter was submitted by Alissa Baum and Myra Saul, Co-Chairs of the Scarsdale Democratic Town Committee

To the Editor,

At a time in history where states are attempting to take away the rights of women and all citizens, New Yorkers have the opportunity to cement the rights they currently enjoy by flipping over their ballots and voting “yes” on Prop 1.

There is a whole disinformation campaign afoot (yes, outright lies) about the impact of Prop 1. Let us be clear, Prop 1 does nothing to change existing law—it does not create any new rights or protections. New York statutes already explicitly protect abortion and discrimination against individuals based on a host of factors, including age, disability, and sex, including gender identity and gender expression. Prop 1, using language from these statutes, merely enshrines these rights and protections in the New York State Constitution.

Prominent in these false and misleading claims is that Prop 1 somehow terminates parental rights with respect to their children’s medical care, especially in regard to gender-affirming care for trans teens. Common sense tells us that this is patently false. Teenagers in NY State cannot go on a field trip or take an Advil in school without parental permission, let alone undergo gender reassignment surgery. Nothing in Prop 1 changes this in the slightest. Nor does Prop 1 endanger girls’ participation in sports. Current NY State education law and federal Title IX civil rights laws already govern this area about who can play on what sports teams.

As for abortion rights in New York, women have the absolute right to abortion through the 24th week of pregnancy. After 24 weeks, abortion is permitted only if her medical provider decides the fetus is not viable or the mother’s life, physical health, or mental health is at risk. Prop 1 does not change this standard.

So why is Prop 1 necessary in a state that already has ample abortion rights and other protections? For anti-choice advocates, the issue is not settled, and they will continue to push for restrictions. Constitutional protections are less subject to the political whims of governors and legislators; they cannot be overturned without first being approved by two consecutive sessions of the legislature and then by a majority of New York voters.

Protecting all New Yorkers from discrimination and placing abortion rights in our Constitution should not be a partisan issue. The Scarsdale Town Democratic Committee encourages everyone to vote “yes” on Prop 1.

Respectfully submitted,
Alissa Baum & Myra Saul, Co-Chairs, Scarsdale Democratic Town Committee