Malcolm Rivera
In November 2024, New York voters approved Proposition One, an amendment to the New York Constitution that protects abortion rights and access to reproductive healthcare. The amendment, which came into effect on January 1, 2025, establishes constitutional protections against discrimination based on ethnicity, national origin, age, disability, and sex—including sexual orientation, gender identity, gender expression, pregnancy and pregnancy outcomes, and reproductive healthcare and autonomy. Abortion has been legal in New York since 1970, and the state has taken several steps to protect access to abortion care, including through the Reproductive Health Act passed in 2019, which allows abortions past the 24th week of pregnancy if a pregnant woman's life or physical or mental health is at risk, or if the fetus is not viable.
| Characteristics | Values |
|---|---|
| Date of Amendment | November 2024 |
| Name of Amendment | Proposition One |
| Amendment to | Article 1, Section 11 of the New York State Constitution |
| Amendment protects against discrimination based on | Ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy |
| Additional protections | Explicit protections against racial and religious discrimination |
| Effective date | January 1, 2025 |
Explore related products
What You'll Learn
- New York's constitution was amended to protect abortion rights
- The amendment also protects against discrimination based on gender identity and pregnancy outcomes
- The amendment was approved by voters in November 2024
- Governor Hochul has taken steps to protect abortion access
- Abortion has been legal in New York since 1970
New York's constitution was amended to protect abortion rights
In November 2024, New York voters approved Proposition One, an amendment to the New York Constitution that protects abortion rights and access to reproductive healthcare. The amendment, which will take effect on January 1, 2025, establishes constitutional protections against discrimination based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.
The history of abortion rights in New York has been a complex one. Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision permitted abortion nationwide. However, in the 19th century, New York had laws that punished women for getting abortions, and in the late 1800s, many women died due to unsafe abortions performed by unskilled providers. In the 20th century, New York made it a penalty to perform an abortion, with a criminal sentence of up to 20 years in prison.
Despite the legalisation of abortion in 1970, abortion rights in New York have faced ongoing challenges and threats. In 2019, the New York Reproductive Health Act was passed, further strengthening abortion rights and ensuring that any federal decisions to limit abortion access would not impact abortion rights in the state. Governor Hochul has also taken several steps to protect and expand access to abortion care, including increasing reimbursement rates for reproductive healthcare providers and proposing legislation to expand access to hormonal contraception.
The amendment to the New York Constitution in 2024 was a significant development in the ongoing fight to protect abortion rights in the state. By adding explicit protections against discrimination based on reproductive healthcare and autonomy, the amendment provides a strong legal framework to safeguard abortion access. While there has been debate and opposition to the amendment, it represents a crucial step towards ensuring that New Yorkers can continue to make their own decisions about their bodies and healthcare.
Amending Illinois' Constitution: A Difficult But Not Impossible Task
You may want to see also
The amendment also protects against discrimination based on gender identity and pregnancy outcomes
In November 2024, New York voters approved Proposition One, an amendment to the New York Constitution that protects abortion rights and access to reproductive healthcare. The approved amendment establishes constitutional protections against discrimination based on gender identity and pregnancy outcomes, in addition to other protected categories.
The amendment adds to the existing protections in the New York Constitution, which already included explicit protections against racial and religious discrimination. The new language in the amendment states that individuals cannot be denied civil rights based on their gender identity and pregnancy outcomes, among other factors. This means that laws and policies cannot discriminate against individuals based on whether they have chosen to continue or terminate a pregnancy or their gender identity.
The inclusion of gender identity and pregnancy outcomes in the amendment is significant because it explicitly recognises the rights of individuals who may face discrimination due to their reproductive choices or gender identity. By including these categories, the amendment sends a clear message that discrimination against individuals based on their reproductive decisions or gender identity will not be tolerated.
The amendment also has important implications for abortion access. Supporters of the amendment argue that it creates a legal framework where any restrictions on abortion would amount to unconstitutional discrimination in medical care. This means that, in addition to protecting individuals from discrimination based on their gender identity and pregnancy outcomes, the amendment also strengthens the legal protection of abortion rights in New York.
The amendment to the New York Constitution is a significant step towards ensuring that individuals are treated equally and are protected from discrimination based on their gender identity and pregnancy outcomes. The inclusion of these categories in the amendment demonstrates a commitment to upholding the rights and dignity of all individuals, regardless of their reproductive choices or gender identity.
Amendments: The Constitution's Evolution
You may want to see also
The amendment was approved by voters in November 2024
In November 2024, New York voters approved an amendment to the state constitution to protect abortion rights and access to reproductive healthcare. This amendment, known as Proposition One, was passed amid concerns about the potential impact of the US Supreme Court's decision to overturn Roe v. Wade on abortion rights across the country.
Proposition One amends Article 1, Section 11 of the New York State Constitution, which already included explicit protections against racial and religious discrimination. The amendment adds protections against discrimination based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, gender expression, pregnancy and pregnancy outcomes, and reproductive healthcare and autonomy.
The lead-up to the vote saw abortion opponents filing procedural challenges, which were rejected by the Court of Appeals. The amendment's supporters and opponents disagreed about its potential legal impact, with supporters arguing that it would create a legal framework where any restrictions on abortion would constitute an unconstitutional form of discrimination. Despite the absence of the word "abortion" in the amendment, its approval sends a strong message about New York voters' commitment to protecting abortion rights and ensuring access to reproductive healthcare.
The amendment's approval is part of a broader context of efforts to protect abortion rights in New York. Governor Hochul has taken several steps to safeguard access to abortion care, including increasing reimbursement rates for reproductive health providers and proposing legislation to expand access to hormonal contraception. Additionally, New York has a history of progressive abortion laws, having legalised abortion in 1970, three years before the Roe v. Wade decision.
Amending the Constitution: A Step-by-Step Guide
You may want to see also
Explore related products
Governor Hochul has taken steps to protect abortion access
Governor Kathy Hochul has taken several steps to protect abortion access in New York. In her 2023 State of the State address, Governor Hochul announced plans to increase reimbursement rates for reproductive health providers and implement over-the-counter contraception access. She has also proposed legislation to expand access to hormonal contraception by allowing pharmacists to directly prescribe such medications.
Governor Hochul has also taken steps to protect abortion providers from out-of-state prosecution. She signed legislation to strengthen New York's shield law, which allows medical providers to include only the address of the dispensing health care practice on prescription labels instead of the name of the provider or practice. This legislation also requires pharmacies to abide by a prescriber's request to remove their name from the prescription label.
Additionally, Governor Hochul has appealed to Congressional leadership to pass the Women's Health Protection Act (WHPA) and eliminate the discriminatory Hyde Amendment. She has also prioritized measures to reduce racial disparities in maternal mortality and morbidity, including expanding postpartum Medicaid coverage from 60 days to one year postpartum, regardless of immigration status.
Governor Hochul has also signed a nation-leading legislative package to protect abortion and reproductive rights for all. This package includes bills that establish a cause of action for unlawful interference with protected rights, relate to legal protection for abortion service providers, and prohibit misconduct charges against healthcare practitioners for providing reproductive health services to patients who reside in states where such services are illegal.
Governor Hochul has also announced new funding for abortion health care services statewide, with more than $24 million in state grants made to organizations in New York State under the New York State Abortion Access Program. This funding will help ensure that patients can access safe and supportive abortion services within their communities.
Florida's Amendment 5: Voting Rights for Felons
You may want to see also
Abortion has been legal in New York since 1970
In 1965, New York amended its abortion-related statute to allow for more therapeutic exceptions, and in 1970, abortion was legalized in the state. Since then, New York has continued to strengthen abortion rights. In 2019, the Reproductive Health Act was passed, allowing abortions past the 24th week of pregnancy if a pregnant woman's life or physical or mental health is at risk, or if the fetus is not viable. The Act also requires health plans in New York to cover abortion services without co-pays or deductibles.
In November 2024, New York voters passed Proposition One, an amendment to the state constitution that protects abortion rights and access to reproductive healthcare. The amendment adds constitutional protections against discrimination based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, gender expression, pregnancy and pregnancy outcomes, and reproductive healthcare and autonomy. These protections are in addition to explicit protections against racial and religious discrimination that were already included in New York's Constitution. The amendment took effect on January 1, 2025.
New York has taken several steps to protect access to abortion care, including medication abortion and in-clinic abortion. Abortion is available to both New York residents and those from out of state, and privacy is protected throughout the process. New York has also expanded access to contraception and increased reimbursement rates for reproductive health providers to ensure that all who need reproductive healthcare can access it.
Poll Taxes: Banned by the 24th Amendment
You may want to see also
Frequently asked questions
Yes, in November 2024, New York voters approved Proposition One, an amendment to protect abortion rights and access to reproductive healthcare.
Proposition One, or Prop 1, is an amendment to the New York Constitution that protects abortion rights and access to reproductive healthcare. It also protects against discrimination based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.
The amendment established constitutional protections against discrimination based on the above categories. It also ensured that abortion remained legal in New York, despite federal efforts to restrict access.
The amendment was proposed by Democratic leaders and put to a vote in November 2024, where it was approved by New York voters. It took effect on January 1, 2025.
