As New Yorkers took to the polls, Proposition 1, a measure to enshrine abortion rights in the state constitution, was overwhelmingly approved, CBS News projects. The historic vote comes in the wake of the 2022 Supreme Court decision that overturned Roe v. Wade, subsequently leading to abortion bans across various states.
Proposition 1, known as the Equal Rights Act, did not only seek to secure abortion rights; it also aimed to prevent discrimination based on factors including age, gender identity, and sexual orientation. According to CBS News, supporters heralded this measure as codifying protection for not only abortion rights but also for “other New Yorkers.” While opponents contested, claiming it could, unintentionally allow minors to receive abortions without parental consent, supporters argued the provisions represent a bulwark of inclusion and autonomy.
Notably, there remains a question of how a national ban might affect this state amendment. According to PIX11, the Supremacy Clause of the U.S. Constitution could undermine state laws such as New York’s Proposition 1 in the face of federal legislation. “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,” the clause reads.
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