On Nov. 5, 2024, we will go to the polls to elect a president, congressional representatives and local officials. Also on the ballot will be a proposed amendment to the New York State Constitution, to ensure equal protection under the law for all New Yorkers.

New York Constitution has a limited equal protection clause – it applies only to those experiencing discrimination based on “race, color, creed or religion.” The NY ERA would expand those protections to include, for example, sex, gender, age, disability, ethnicity – in other words, all New Yorkers.

The NYS League of Women Voters is working in partnership with the New Yorkers for Equal Rights Coalition to educate voters and to advocate for passage of the amendment. A simple explanation of the amendment’s purpose and what it entails is in this flyer from the coalition:

“Right now, New York’s State Constitution does not protect all New Yorkers – for example, pregnant New Yorkers, women, LGBTQIA+ people, those with disabilities, older adults, and people from different countries and cultures.

“We need a constitutional amendment so our rights and freedoms are protected – no matter who is in office.

“The NY ERA would:

• “Explicitly prohibit 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.
• “Add to existing protections based on race and religion.
• “Ensure New York’s Constitution includes the strongest legal protections for all New Yorkers.”

But, do we need an amendment? Don’t New York’s laws protect people’s rights and freedoms? Yes. But, as we have learned in recent years, rights that we have relied on for decades can be diluted or even eliminated by a simple majority of a legislature or a court.

On the other hand, it is very difficult to amend New York’s Constitution. It is not affected by political whims the way laws, acts or regulations might be. This amendment is as close as we will ever get to a guarantee that “our rights and freedoms are protected – no matter who is in office.”

Joan Fucillo

NYS ERA Task Force Representative