BY HAILEY COGNETTI
In a historic turn for reproductive rights and maternal health, New Yorkers just passed Ballot Measure 1 – the Equal Rights Act of 2024. The Act is aimed at ensuring individuals are not discriminated against based on their identity. By passing this measure, New York has placed itself firmly as a state with constitutional protections for reproductive rights, abortion access, and broader sexual and reproductive health services.
The New York State Board of Elections summarized Prop 1 as,
“This proposal amends Article 1, Section 11 of the New York Constitution. Section 11 now protects against unequal treatment based on race, color, creed, and religion. The proposal will amend the act to also protect against unequal treatment based on ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes, as well as reproductive healthcare and autonomy. The amendment allows laws to prevent or undo past discrimination.”
Without these protections in the Equal Rights Act, there could be restrictive policies and barriers reintroduced or expanded by opponents. As Planned Parenthood CEO and President Alexis McGill said in a statement on The Nation on Nov. 6 regarding the passage of Prop 1,
“Without Prop 1 in the Constitution, New York could pass laws, policies, or regulations that ban or create barriers to abortion, birth control, IVF, or other forms of reproductive health care.”
The measure was designed to offer a permanent shield against the potential of future conservative leadership that might seek to roll back these rights. Currently, abortion protections and anti-discriminations laws already exist under New York state law. However, according to The City and State NY, these protections could theoretically be at risk if a conservative government gains control. A GOP Governor could push to reverse the Reproductive Health Act, which was only passed in 2019. Once the Equal Rights Act is part of the State Constitution, it would be much harder to reverse.
While advocates are celebrating now, the measure’s road to passage was anything but certain. Many initially expressed concerns about the language of the Equal Rights Act, which avoided explicitly mentioning “abortion.” Dr. Deborah Kaplan, a maternal health advocate and board member of the Aria Foundation, had voiced apprehension that the ambiguity might turn voters away.
“It’s so poorly written that I could see people going, ‘What the hell is this?’ I’m worried it’s not going to pass because of that,” Dr. Kaplan said before the election.
The passage of Prop 1 in New York comes at a critical time, offering a layer of state-level protection against possible federal restrictions on reproductive health. Donald Trump, the president-elect, played a key role in overturning Roe v. Wade two years ago.
“The trajectory has been, we win some, social justice issues win, then there’s a reaction from the powers that be who try to destroy it. And we’re now in that period,” Dr. Kaplan said.
McGill reported in The Nation that New York State’s commitment to reproductive rights was tested again in the 2022 election when Lee Zeldin, a strongly anti-abortion candidate came within six points of winning the governorship against Kathy Hochul.
For many advocates, the Equal Rights Act represents not only a win for reproductive rights and gender based discrimination, but also a win toward addressing NYC’s maternal health crisis, particularly its severe racial disparities.
The Black Mamas Matter Alliance has long advocated for addressing systemic inequities that disproportionately impact Black women and birthing people, framing maternal health as an urgent election issue this year.
“Addressing systemic inequities that excessively impact black women and birthing people is an urgent imperative. The ongoing restrictions on abortion care access and the criminalization of pregnancy loss only deepens the maternal health care crisis,” Black Mamas Matter stated on their Instagram.