After making their voices heard in several competitive races — from U.S. president to state senator — New Yorkers will also have a chance to flip their ballots and amend the state constitution.

Proposal One, the only statewide ballot measure this election cycle, would add constitutional protections against discrimination or unequal treatment based on ethnicity, national origin, age, disability, sex — including pregnancy, pregnancy outcomes, sexual orientation and gender identity and expression — while prohibiting unequal treatment based on reproductive health care and autonomy. Article I of the New York Constitution currently only prohibits discrimination due to race, color, creed and religion. If passed, the measure would take effect on January 1, 2025.

The proposal, known informally as the Equal Rights Amendment, was introduced as a resolution and adopted by the State Legislature in July 2022 and again in January 2023 at the beginning of the new legislative session. After a judge struck down the ballot measure for procedural reasons this May, the state Supreme Court’s Appellate Division restored the amendment to the November ballot. In August, the state Board of Elections certified the proposal’s text and a summary of what the amendment would do.

Supporters of Proposal One have argued that the state constitution must protect reproductive health care and abortion access, particularly after the U.S. Supreme Court overturned Roe v. Wade two years ago. State law preserves general abortion access up to 24 weeks of pregnancy, permitting it later on if the fetus is nonviable or if the mother’s life or health is threatened. Many proponents of Proposal One believe that reproductive healthcare rights in New York would be strengthened by the amendment’s passage.

“Ever since Roe v. Wade was overturned, reproductive rights have come under attack across the country,” wrote Kristen Lodge, the vice president and outreach director of the Binghamton Abortion Advocacy Coalition and a senior majoring in psychology. “Hearing reports of people dying as a direct result of the criminalization of reproductive care, including abortions, is both heartbreaking and infuriating. These deaths were preventable. We all deserve the right to bodily autonomy, something Prop 1 would solidify by adding this right to the New York State Constitution. We deserve to be able to make the decisions concerning our bodies and our lives.”

While the proposed amendment would prohibit “unequal treatment based on reproductive healthcare and autonomy,” abortion is not explicitly mentioned. A judge in Albany County declined to require election officials to include the terms “abortion” and “LGBT” in the amendment after a lawsuit was filed to simplify the ballot measure’s language.

Local Democratic elected officials and candidates have supported the proposal. State Sen. Lea Webb and Assemblywoman Donna Lupardo described their involvement in passing legislation that allowed the amendment’s inclusion on the ballot, while Josh Riley — locked in a tight race with Republican Rep. Marc Molinaro to represent the 19th Congressional District — will vote “yes” on Proposal One and pledged to co-sponsor the Women’s Health Protection Act if elected.

In a statement to Pipe Dream, the Broome County Democrats said Proposal One would codify multiple protections into the state constitution.

“Not only will it enshrine the right to abortion and reproductive healthcare in New York state, it will expand anti-discrimination protections based on age and LGBTQ+,” the statement read. “Our seniors deserve respect. Our LGBTQ+ youth and families deserve respect. Prop One cements these rights and values in our New York State Constitution.”

Opponents of the ballot measure — many of whom are Republicans — criticized it for its overly broad language, alleging that it would negatively impact women’s sports, expand rights for undocumented immigrants and prevent parents from having input in their children’s health care decisions. Molinaro indicated that he would vote “no” on the amendment, while Mike Sigler — Webb’s opponent — called it a “Trojan Horse” and said it would allow minors to seek gender-affirming hormonal and surgical treatment without parental consent. Benji Federman, the chair of the Broome County Republican Party, urged voters to reject the ballot measure.

“In typical Albany fashion, Democrats rushed to design a politically motivated constitutional amendment and ignored long-standing protocol at every step, all in an attempt to get a leg up in this year’s elections,” Federman wrote. “No matter how nice it sounds on paper, this amendment would have awful unintended consequences and likely cost taxpayers millions of dollars in expected court battles.”

Other objections to Proposal One center around adding “national origin” as a protected class in the state constitution. The New York GOP claimed the ballot measure would establish a “constitutional basis for taxpayer benefits to support non-citizens and illegal migrants,” while Shane Rossi — the College Republicans president and a junior majoring in political science — argued that the amendment would give “gun rights and free taxpayer funding” to undocumented immigrants.

Federal and state civil rights laws protect against discrimination based on national origin in areas like employment and housing, while a federal statute prohibits employers from knowingly hiring undocumented immigrants. Noncitizens are prohibited from voting in federal and state elections.

Both sides launched campaigns hoping to persuade voters to pass or reject the amendment. New Yorkers for Equal Rights, a coalition of over 500 advocacy organizations supporting Proposal One, fell short of their $20 million fundraising goal. Gov. Kathy Hochul planned for the state’s Democratic Party to spend over $1 million to promote the ballot measure. The Coalition to Protect Kids-NY — which has framed its campaign as a battle over women’s sports and parental rights — is the main committee demonstrating opposition to Proposal One.

Sasha Ahuja, the executive director of the New Yorkers for Equal Rights coalition, remained optimistic that New Yorkers will pass Proposition One in the upcoming election.

“We don’t need to get into the partisan back-and-forth that is so present given the year that we are in,” Ahuja said on a podcast earlier this month. “We’re talking to New York voters, regardless of who they are, about the fact that Prop One is on the ballot. And it’s an amendment that we know New Yorkers overwhelmingly support.”