What is Proposition 1 in New York? Here's a closer look at the Equal Rights Act

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Editor's Note: Voters in New York approved Proposition 1 in the 2024 election, CBS News projects. See live results.

Voters in New York have approved Proposition 1, a ballot measure that makes abortion rights part of the state constitution, CBS News projects.   

NEW YORK - New York voters are deciding whether to make abortion rights part of the state constitution this November. 

Proposition 1 on New York's ballot is called the Equal Rights Act.

Opponents say the vague language opens up a can of worms that could cause more harm than good. 

Since the the Supreme Court overturned Roe v. Wade in 2022, 21 states have banned abortion. Seven states have since put measures on the ballot to codify the right to an abortion into their constitutions. All seven measures passed, and advocates for Proposition 1 hope to add New York to that list. 

Protecting abortion rights, and more

"Obviously, there's a presidential election. Everybody's paying attention to that. But many people don't realize they have to flip that ballot over to see the propositions," State Sen. Gustavo Rivera said. "Across the country, millions of people no longer have access to basic reproductive rights because states are taking it away from them and the Supreme Court said it was A-OK. That's why we need to make sure the protections we provide for New Yorkers are more than state law. This would enshrine it in the state constitution and that's what this proposition would do." 

"That's what Prop 1 is all about. We're protecting the right to abortion, and we're going a step further. We're making sure no New Yorker can be discriminated against because of who they are," Sasha Neha Ahuja of New Yorkers for Equal Rights said. 

But it's that second part that many opponents take issue with. 

New protected classes 

The amendment seeks to add new protected classes to the state's Equal Rights Amendment, including pregnancy, pregnancy outcomes and reproductive health care and autonomy. Age, gender identity and sexual orientation are also included

"I think what they wanted was nobody to read the text of this proposal. They're just going to read the back of the ballot and, because it sounds good, they're just going to go ahead and vote yes," Chaplain Ayesha Kreutz of the Coalition to Protect Kids said. 

The Coalition to Protect Kids is making an effort to dissuade people from voting yes on Prop 1, saying it opens the door for men to use women's bathrooms, transgender adolescents to compete on sports teams that align with their gender identities, and minors to seek abortions without parental consent. 

"There are a lot of sexual predators out there, where maybe you were even having consensual sex, and they take you to get an abortion and tell you 'We don't want mom or dad to know about this.' So now we're covering up for sexual predators," Kreutz said. 

"It's hyperbole to create a reaction" 

"If Prop 1 is approved in November, all bets are off on how far this can go," New York's Republican Party told CBS News New York. 

The Catholic Bishops of New York calls the ballot measure a wolf in sheep's clothing, saying making age a protected class could strip away parental rights. 

Democrats insist it's about codifying abortion and providing equal protections for all New Yorkers. 

"My response is, this is very similar to 'They're eating the dogs. They're eating the cats.' It's hyperbole to create a reaction to something that simply isn't true," Rivera said. 

"I think voters have the right to be educated. Whether they vote yes or no, I think everyone has the right to know what they're actually voting on," Kreutz said. 

Ultimately, voters will determine the fate of Prop 1 on Nov. 5.

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