In a unanimous decision last Tuesday, the Fourth Division of the New York State Appellate Division ruled to place the Equal Rights Amendment on the ballot for the November general election as Ballot Measure One. Chen Huihua, President of the Chinese American Citizens Action Group of New York (CACAGNY), highlighted that if passed, this proposal could be used to repeal the Hecht-Calandra Law in New York, which protects specialized high school admissions exams (SHSAT), urging voters to cast their votes against it in the November election.
The current New York State Constitution prohibits discrimination based on color, creed, race, or religion. The Equal Rights Amendment seeks to amend the state constitution by expanding these protections to include age, disability, race, gender expression, gender identity, national origin, pregnancy, pregnancy outcomes, reproductive health and autonomy, and discrimination based on gender and sexual orientation. While the Amendment does not explicitly protect the right to personal abortion, it aims to prevent discrimination against individuals who choose to have an abortion.
The Fourth Division of the State Appellate Court overturned a ruling made by Justice Daniel J. Doyle of the New York State Supreme Court last month. As a result, the Equal Rights Amendment will appear on the ballot in November for a constitutional referendum.
Chen Huihua, the President of CACAGNY, stated that politicians and their media allies want voters to believe that Ballot Measure One is solely about protecting abortion rights. However, in New York, abortion is not under any threat. Abortion has garnered overwhelming support from the vast majority of New Yorkers and has been legally protected in the state for decades, even before the Roe v Wade decision. Some voters are aware that the Amendment also aims to protect the rights of transgender individuals, a fact that many New Yorkers support.
Nevertheless, Ballot Measure One also conceals the “rights” of minors undergoing gender reassignment, meaning that providers can offer surgery to minors without parental consent, protected by the New York State Constitution, possibly resulting in parents who object facing legal consequences. If parents were made aware, many would be shocked.
Ballot Measure One also harbors a potential threat to the educational equality rights of Asian Americans. According to Chen Huihua, this could lead to the immediate disappearance of the SHSAT, as the Hecht-Calandra Law protecting specialized high school admissions exams could be nullified without the need for legislative action by the state legislature – the New York City Schools Chancellor could accomplish this alone. Under Ballot Measure One, any drastic modifications made by administrators would be shielded by the New York State Constitution, a fact unbeknownst to most voters, carefully hidden in the intricate language of the amendment.
Chen Huihua urges voters to be vigilant against this amendment, to understand the real consequences it carries, as it presents itself overtly but harbors hidden agendas. This referendum should be taken seriously – please vote against Ballot Measure One in November, do not let it pass.