Local, national, and international headlines blasted a New York State Supreme Court ruling that blocked a public vote this November on an "Equal Rights Amendment" that would change the state constitution. Media and democratic lawmakers misleadingly called the ballot referendum initiative an "abortion referendum." While the court ruling is a big victory for those on the right side of the political spectrum who promote the rights of parents, it is likely only temporary. It likely will be appealed and could be overturned.
The ERA ballot provision reads, “No person shall, because of race, color, creed [or], religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.”
The wording appears innocent enough. But, the language is so vague that it is open to wide interpretation that can make it so that boys are allowed by law to play against girls in sports, and further, that schools can facilitate gender transitioning of your children without parent’s knowledge or consent.
Many parents see through this ERA initiative and understand the referendum for what it is - a way to further erode and break down the family unit and the bond between kids and their parents. While Democrats supporting the ERA voting initiative on the November ballot claim it is about codifying abortion rights, it is clear that “abortion on demand” is under no threat in New York under current law, and no further abortion protection laws are needed.
Critics of the measure who praised the court ruling blocking you from voting on this measure on the November ballot correctly call it for what it is: a proposed change to the State Constitution that would strip away parents' rights and make it easier for young kids to have sex change operations or puberty-blocking drugs without mom and dad knowing. It also would have made it much easier for boys to compete in girl’s sports in schools across New York.
Passing ERA as written would go directly against the will of the majority of New Yorkers. A recent poll by the Siena College Research Institute (SCRI) revealed that a significant majority (66%) of New Yorkers support high school athletes competing on teams that align with their biological sex. The support spans across political lines, with 83% of Republicans and 52% of Democrats supporting separate-sex sporting competitions.
Michele Sterlace, Executive Director of Feminists Choosing Life NY, a group working to defeat the ERA, says that the amendment skirts parental rights and gives “minor children the fundamental right to undergo transgender drug interventions and even surgeries without notice to, consent from, parents.”
“Despite the extreme vagueness of the ERA it clearly elevates 'reproductive healthcare' and 'gender identity' and 'gender expression' to fundamental rights status for all persons, which include minor children. Fundamental rights are afforded a high level of judicial scrutiny; meaning that many regulations or common sense standards including parental notice or consent for minors to obtain abortions or transgender medical interventions may be thrown to the wayside," Sterlace adds.
The Coalition to Protect Kids NY Executive Director Greg Garvey says that should ERA pass with existing language “these poorly written one-size-fits-all additions to the amendment pass, each of these common sense guard rails that protect kids could be deemed unconstitutional under the New York State Constitution. The proposed amendment opens the floodgates for the New York State Government to wield more authority than parents regarding important decisions for their minor children.”
The Coalition maintains that “if entities cannot “discriminate” based on age and gender identity or expression, under the new amendment language, medical providers could be required to facilitate a child’s request to make permanent, life-altering “gender-affirming” decisions and they would not need to consult with parents.”
Opponents of the ERA do not want the government stepping on, or into, the primary role a parent has in their child’s life. Any efforts to erode the privacy of the parent/child relationship and the family unit hurt everyone – parent, child, and community at large.