New York will soon vote on a constitutional amendment to expand anti-discrimination protections but is struggling to determine how the ballot should be worded as advocates fight for specific terms to be included, like “abortion” and “LGBTQ+.”
Proposed Amendment Expands Protections
New York’s proposed amendment would extend existing constitutional protections against discrimination based on race and religion to include ethnicity, national origin, age, and disability.
Expanded Protections
The amendment would also expand the protections for people being discriminated against due to their sexual orientation, gender identity, pregnancy, and reproductive health care.
Controversy Over Specific Language on Ballot
The controversy that has arisen is due to New Yorkers wanting there to be more specific language placed on the ballot, directly saying things like “abortion” and “LGBTQ+.”
Democrats Advocate for Clearer Ballot Language
The majority of advocates for more specified language to be placed on the ballot are Democrats who argue that the amendment’s intent should be as clear as possible, making these terms necessary for the ballot.
State Board of Elections Prefers General Terms
However, the state’s Board of Elections is arguing that the ballot should just have more general terms like “gender identity” and “reproductive healthcare.”
Lawsuit Filed to Mandate Specific Terms
A lawsuit was created to mandate that the specific terms must be included in the ballot question, but in the end, New York Judge David Weinstein ruled against the lawsuit.
Judge Rules in Favor of General Language
Judge Weinstein made his decision because he believes that the broader terms are enough to reflect what people will be voting for when they read the ballot in the upcoming election.
Judge Weinstein on the Limits of Predicting Interpretation
Justice Weinstein wrote in his ruling, “I lack the requisite crystal ball to predict how the proposed amendment will be interpreted in particular contexts.”
Plaintiff Expresses Disappointment Over Ruling
However, one of the plaintiffs in the lawsuit, Victoria Fernandez, expressed her disappointment about the ruling because she believes people won’t fully understand what the vote is for.
Concerns Over Lack of Clarity on Abortion Inclusion
Fernandez told the New York Post, “It is very important to me to know if abortion is included in the amendment, but the language isn’t clear.”
Lawsuit Cites State Law on Plain Language
The lawsuit claimed that the language that was going to be placed on the ballot violates a 2023 state law that actually requires plain and direct language to be placed on ballots given to voters.
Board of Elections Split on Language Issue
The New York Board of Elections is split between Republicans and Democrats, and it is typically easier to maintain the status quo than make changes within such organizations.
Republican Attorney Supports Original Language
Nicholas Faso, the attorney for the Republican commissioners, is one of the members who want to maintain the original language because he believes the terms in place are generally understood to imply “abortion” and “LGBTQ+.”
Republicans Fear Unintended Consequences
Part of the reason Republicans are fighting to maintain the original wording is because they fear passing the bill could have unintended consequences like allowing transgender athletes to compete in women’s sports.
Republican Spokesperson Supports Neutral Language
New York Republican spokesperson David Laska said, “Today’s court decision means that voters are presented with neutral language describing the amendment, and that is a good thing.”
Equal Rights Campaign Criticizes Ruling
Sasha Ahuja, the campaign director for New Yorkers for Equal Rights, also criticized the ruling for not informing voters of the impact the change could have.
Advocates Remain Confident Despite Setback
Despite the setback, Director Ahuja says he remains confident that the people of New York can look past this deception to protect the rights they are passionate about.
Commitment to Protecting Fundamental Freedoms
Ahuja said, “New Yorkers want their fundamental freedoms, including the right to abortion, protected – and won’t settle for anything less.”
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