Does Prop 1 protect NYers’ abortion rights even if there is a national ban?
NEW YORK (PIX11) – An amendment to the New York State Constitution that protects abortion rights passed on Tuesday.
Proposition 1, also known as the Equal Rights Amendment, adds protections for New Yorkers against discrimination based on pregnancy and reproductive healthcare. It reads:
No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, ethnicity, national origin, age, disability, creed [or], religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, be subjected to any discrimination in [his or her] their civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state, pursuant to law.
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The New York Civil Liberties Union urged residents to vote for Prop 1, saying it secures reproductive rights and freedoms.
But would it protect against a nationwide abortion ban?
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The U.S. Constitution has what's called the Supremacy Clause . This clause lets federal laws take precedence over state laws, according to Cornell Law School .
The clause reads, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
That means if a national abortion ban were to be enacted, Proposition 1 may not be able to protect New Yorkers.
Abortion rights measures were passed in six other states, including Arizona, Colorado, Maryland, Missouri and Montana.
This story comprises reporting from The Associated Press.
Erin Pflaumer is a digital content producer from Long Island who has covered both local and national news since 2018. She joined PIX11 in 2023. See more of her work here .
