A broadly worded New York state ballot measure could enshrine voting rights in the state constitution for noncitizens even though it is ostensibly aimed at protecting abortions. Proposition 1, known as the Equal Rights Amendment, would guarantee the right to abortion in the state constitution. However, there is mounting concern the measure’s broad anti-discrimination provision could lead to significant unintended consequences.

The proposed amendment states, “No person shall be denied the equal protection of the laws of this state,” and lists protections regardless of “race, color, ethnicity, national origin, age, disability, creed [or], religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” According to critics, the inclusion of “national origin” could extend protections and potentially voting rights to noncitizens, including illegal immigrants.

Westchester County-based constitutional lawyer Bobbi Anne Cox, who is spearheading a campaign opposed to Proposition 1, argues the anti-discrimination amendment is so broadly worded that it equates noncitizens with citizens in terms of legal protections.

“It covers anybody. That includes people who came here illegally and broke our laws,” she emphasized, suggesting it is a “Trojan horse of epic proportions.”

Additionally, Cox notes the measure could result in taxpayers having to cover even more services for illegal immigrants than they already are—further ballooning state and local budgets.

Republican pollster John McLaughlin agrees with Cox, suggesting that voter support for Prop 1 decreases when they learn of its broader implications, said to include allowing transgenders to compete in women’s sports and share female locker rooms. He described the ballot measure as a “radical wish list.”

Image by rchristie/Ryan.