Some New York state lawmakers believe words carried on too long in a broad, expansive proposed constitutional amendment with the primary objective of strengthening the state’s already abortion-friendly laws. Perhaps not surprisingly, one word that never appears in the text of Proposal 1 is “abortion.”
What appears in addition to the substituted catch phrase of “pregnancy outcomes” is an array of elevated protections for the LGBTQ agenda – and that has some Democrats in federal down-ballot races nervous.
The proposal’s Democratic authors differed over how expansive to make it. Some believed the proposal should have been limited to abortion rights, Politico reported.
“I thought we should have been much more direct and much clearer in the language we’re using. As you can see, there’s some confusion over the language,” Tom Abinanti, a former Democratic state assemblyman, told the news outlet.
In addition to constitutional protections for "pregnancy outcomes," the proposal includes a ban on discrimination based on gender identity.
“It also would take sexual orientation, gender identity – all of the issues regarding the LGBTQ agenda – and elevate that to protected class status in our state. Essentially it puts the right to an abortion and the LGBTQ agenda on the same footing as religious liberty in our state constitution,” Jason McGuire, executive director for New York Families Foundation, explained on Washington Watch Friday.
If Proposal 1 passes, religious liberty and the LGBTQ agenda would both be constitutionally protected, but McGuire believes he can pick the winner when those two go head-to-head in a courtroom.
“The real question is what will New York courts do with it if those other so-called 'rights' have the same standing as religious liberty? I think we all know the answer to that question. That’s why it’s so dangerous, and why we’re opposing it here in New York State,” McGuire told show host Jody Hice.
Confusing wording is not an accident
The proposal’s wording is intentionally misleading with the hope of getting a boost from scantly informed voters, McGuire said.
“Most New Yorkers have no idea that there’s even a proposal on the ballot – that's the real danger. Once they’re educated, they’re opposed to it. The danger right now is people are going to vote for it because they’re going to see the phrase 'Equality Amendment' or 'Equal Rights Amendment,' and they’re going to assume it’s a good thing.”
A Sienna College poll released last week shows voters statewide back the amendment 64%-23%.
But, according to Politico, internal polling from Democrats shows that arguments against the proposal are gaining traction, especially in crucial New York City suburbs.
Just last week New York Gov. Kathy Hochul pledged to contribute more than $1 million in support of the Proposal 1 effort. Most of the money will be used for TV ads and direct mail. She’s also expected to speak more publicly about Proposal 1.
“Bear in mind that the opposition on this issue – those who are pro-Proposal 1, those who want the abortion rights and want all those other things – indicated they would raise $20 million for this race. Now they’re running scared," McGuire said, "and the governor’s pouring $1 million in. So, there certainly is hope if we can raise the funds and get the word out to really turn out the vote on election day.”
That has some Democratic candidates on edge. Gov. Hochul drew criticism from some Democrats for not doing enough to help the party in key U.S. House races in the last elections. Consequently, she’s made "flipping five Republican-held House seats in the state a political priority," Politico reported.
McGuire's explanation? “She doesn’t want to be caught in that trap again.”
New York remains a deep blue state. Flipping it red in a presidential vote is a long shot, but as McGuire points out, there’s not one-party dominance in many of its congressional districts.
“I argue there would not be a Speaker Mike Johnson if it were not for the congressional members here in New York," he stated. "And if New York does not hang onto or even expand that number of seats here this time, there could be a Speaker Hakeem Jeffries – a former New York state assemblyman – who would like to be the next Nancy Pelosi. That could happen if people are not serious about turnout and voting in November,” McGuire warned.
Getting out the vote key for GOP
The key between now and Election Day, in McGuire's opinion, is engaging with ill-informed voters. He contends that a strong effort by Republicans could yield strong results.
“This counter-offensive from the conservative movement, which frankly has not been as well-funded as the opposition, is making in-roads," he concluded. "As people hear about this proposition [and] as they realize that this could mean … that women’s sports will be affected, scholarships will be affected, biological males will be competing against female athletes in our schools, they’ll be sharing those locker rooms, those restrooms – that's a real concern. That is waking people up regardless of party affiliation.”
