Buffalo, N.Y. (WBEN) - The issue of Proposition 1 goes to voters on the back of their ballot in 12 days. Area state lawmakers are presenting their case for and against the controversial proposition, which supporters say will solidify equal rights.
State Sen. Sean Ryan says Prop 1 would enshrine certain rights in the state constitution. "Think of it as the Equal Rights Amendment brought up the modern day standards. The current protections found in our Constitution are from 1938 so things like access to birth control, access to abortion rights, those are done by legislative laws and not by the state constitution. So we want to enshrine these protections in the state constitution, so they can't be taking away, taken away by government action," says Ryan. He says that would make abortion, birth control and workplace discrimination protections are protected. "If you believe that, you know, women should have full rights in New York state, then you should vote in favor of Proposition one," adds Ryan.
State Senator George Borrello says it's not what the Democrats have have actually phrased this to be the Equal Rights Amendment. "I can imagine that on the surface, most New Yorkers would agree with that, if that were the case. But that's not the case. If you read the actual language of the bill, which changes the New York State Constitution, the language of proposal one is so broad and so vague that it will create a Pandora's box of issues for New Yorkers," contends Borrello.
Borrello says the vague language begins with discrimination protection. "It says you cannot discriminate against anyone based on age. No guard rails, putting into that, that means that you cannot discriminate against anyone of any age, which according to legal experts I've spoken to, could entail, and very well will entail (allowing) a child would want to make their own medical decisions. I'll give you an example, a six year old boy goes to his teacher and says, 'I think I'm a girl.' Now this empowers that teacher to take that child for so called gender affirming care, including hormone blockers and irreversible surgical procedures without the knowledge and consent of the parents. That is because the fact that they cannot be discriminated against. And there will be radical groups that will bring lawsuits to make sure that things like that happen," warns Borrello.
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Borrello also says discriminations against gender identity would be banned. "That means that if a man says to me, 'I identify as a woman,' that he would have a constitutional right to women's spaces, locker rooms, bathrooms, participating in women's sports, receiving women's scholarships, all that will be entirely possible," and he warns lawsuits will be brought because those men will not have a constitutional right to invade women's spaces.
Ryan says the transgender rights issue is part of what he calls misinformation to discourage voters from saying yes. "New York State's been handling this issue. We devolve this issue, and the school districts and the local sports associations handle these issues, and that issue is not part of this constitutional amendment, but that's the scare tactic," says Ryan.
Prop 1 is on the front of the ballot Nov. 5.