New York Democrats fear abortion amendment is not the panacea they expected

Conservatives have sharply criticized the amendment for its “gender identity” and “gender expression” provisions, which come amid a nationwide attack on Democrats for including nonbiological women in women's sports.

While abortion and broad LGBT rights enjoy unreserved support in the state, provisions on “gender identity,” “pregnancy outcomes,” and the possibility of sex-reassignment surgery for minors have put off some supporters. Internal polls show that messages about mixed-gender sports in particular have moved voters in contested constituencies, according to Politico.

New York has many swing districts. The Cook Political Report According to forecasts, there are at least seven competitive districts in the state, with Republican incumbents undecided in three of them.

“But when you add in the arguments of the far right in this context – boys participating in girls' sports – support quickly dwindles, and in these swing districts, that can dampen enthusiasm for candidates running with a supporter position,” said one Democrat.

Abortion was a particularly critical national issue this election cycle after the Supreme Court Roe v. Wade two years ago. Even in Republican states, abortion rights are an issue that voters support.

Vice President Kamala Harris has built her campaign on support for abortion and reproductive rights.

But in New York, the wording of the “Equal Rights Amendment” caused anger because it seemed like an easy way for Democrats to increase voter turnout. Republicans in the state have strongly criticized the amendment, comparing it to the campaign to add a 1923-style Equal Rights Amendment to the state constitution.

“The ERA's broad and ambiguous language would create new constitutional rights and would likely be subject to litigation by activist groups seeking to create new 'rights' that are inconsistent with the views of most New Yorkers,” the New York Republican Party wrote in a statement.

“These new 'rights' include 'gender identity' and 'gender expression,' which cover 'all persons,' including minor children,” it continues. “The ERA would create a constitutional right to transgender medical interventions without parental consent. As a new constitutional 'right,' the ERA would override any existing laws requiring parental consent for medical interventions on minors. Schools would likely be prohibited from disclosing to parents that students are becoming transgender. Passing this amendment would also mean that biological males could claim a new constitutional 'right' to participate on female sports teams, which would threaten the fairness of such competitions.”

Democrats want to respond to the attacks on the amendment, but at the same time they seem to be caught in a dilemma: If they respond to the attacks, the amendment will be seen as partisan, which they don't want because it has affected voting amendments in other states. But if they let the attacks simmer, the amendment could be rejected or face stronger opposition than expected.

“We live in a political climate where there is a lot of misinformation circulating, and I would just advise voters to educate themselves on this proposal and understand what it is intended to do,” said John Mannion, who is running against incumbent Rep. Brandon Williams (R-NY) in a Democratic-leaning district.

The Conservatives believe that the change in the law could also increase their voter turnout.

“We think this is something that our voters are excited about as well,” said Gerard Kassar, chairman of the Conservative Party of New York, a right-leaning voting group. “We really want to talk about it and explain what we think it does.”

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

And the Conservative Party has managed to defeat voting issues. In 2021, the party helped fund a campaign against an electoral change that would have expanded postal voting, but it failed.

“We've seen in the recent past that when the right wing in New York wants to kill a ballot initiative, they have rich people to help them do it,” said Loren Amor, a Democratic consultant. “They can be quite effective, especially when there is no adequate response.”