Reproductive Freedom Is on the Ballot In New York
Abortion rights in New York State are protected, but not guaranteed. New York voters can fix that by turning their ballots over and voting for Proposition 1.
I’m a proud New Yorker, a mom of two girls, and the president of Planned Parenthood Action Fund. I have spent this election cycle traveling the country to mobilize voters in support of reproductive rights champions and critical ballot measures that will protect reproductive freedom.
Every time I land in a new state, I have a different set of rights.
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Since Roe v. Wade was overturned—leaving the right to control our own bodies up to the states—21 states have imposed severe restrictions or outright bans on abortion. Forty-three percent of women of reproductive age in America live in one of these states. Thanks to brave individuals sharing stories about the worst experiences of their lives and through dogged investigative reporting, we now know the many ways in which the lives of women, trans and nonbinary people have been upended, endangered, and even lost because of abortion bans that have made pregnancy more dangerous.
While Americans have long prided themselves on our inalienable rights and freedom, how can we possibly call ourselves a free nation when so many are not free?
Over the last two years, state constitutional amendments have become a critical tool for restoring, shielding, and expanding abortion access. Passed via ballot measure, these amendments have allowed voters from Kansas to Ohio to California to Vermont to guarantee abortion rights—in some cases to overturn or prevent bans enacted by state legislatures, in others to strengthen access. This election, 10 states will vote on such amendments, including right here at home in New York.
New York has a well-earned reputation as a safe haven for abortion care, but it wasn’t until 2019 that the New York legislature passed the Reproductive Health Act. Its passage was made possible only by the 2018 election, which put abortion rights champions in control of the state legislature for the first time in nearly a decade. Prior efforts to pass similar legislation were blocked repeatedly. Meanwhile, in 2022, a staunchly anti-abortion candidate, who said he would appoint an anti-abortion state commissioner, came within six points of being governor—the largest rightward shift of any state in the nation in the last cycle.
While our rights in New York are currently protected, they are not guaranteed. Yes, even in New York.
Thankfully, in this election cycle New Yorkers have an opportunity to enshrine reproductive rights, including abortion, in our state Constitution with Proposal 1. Prop 1 prohibits discrimination on the basis of sex and defines “sex” to include pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy. Without Prop 1 in the Constitution, New York could pass laws, policies, or regulations that ban or create barriers to abortion, birth control, IVF, or other forms of reproductive health care.
Prop 1 will protect clinics that provide essential services, including in rural areas where access is already limited. And it will prevent the criminalization of those who experience miscarriage or stillbirth, ensuring that patients receive the care they need—not the prosecution we’ve seen in other states.
This amendment also closes loopholes in the state Constitution to ensure that no New Yorker can be discriminated against by the government based on gender, age, disability, ethnicity, or sexual orientation. Last, because Prop 1 amends the state Constitution, the measure means our rights can never be rolled back by elected officials.
What’s exciting about this amendment is that it also gives New Yorkers the chance to join the chorus of other states in laying the groundwork for restoring durable, national rights for the rest of the nation.
We owe it to ourselves, all patients, all New Yorkers, and everyone in this country to fight for freedom and justice. On or before November 5, remember to flip your ballot over and vote yes on Prop 1 and yes to freedom—our rights and our futures, and that of our children, depend on it.
We cannot back down
We now confront a second Trump presidency.
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Armed with a remarkable 160 years of bold, independent journalism, our mandate today remains the same as when abolitionists first founded The Nation—to uphold the principles of democracy and freedom, serve as a beacon through the darkest days of resistance, and to envision and struggle for a brighter future.
The day is dark, the forces arrayed are tenacious, but as the late Nation editorial board member Toni Morrison wrote “No! This is precisely the time when artists go to work. There is no time for despair, no place for self-pity, no need for silence, no room for fear. We speak, we write, we do language. That is how civilizations heal.”
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Onwards,
Katrina vanden Heuvel
Editorial Director and Publisher, The Nation
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