Proposed New York referendum sparks discrimination concerns

Opponents warned on Wednesday that a proposed referendum on New York’s ballot, aimed at protecting abortion rights, might discriminate against Asian American students seeking seats in the city’s merit-based high schools.

Nearly two dozen Asian American parents and legal activists voiced concerns about Proposition 1, the “Equal Rights Amendment,” during a rally at City Hall. Wai Wah Chin, former president of the Chinese American Citizens Alliance of Greater New York, criticised the language of the November 5 ballot measure, terming it “deceptive” and suggesting it could lead to “reverse racism” against Asian American students who often secure places in New York City’s specialised high schools.

Section B of the proposed amendment states: “Nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice that is designed to prevent or dismantle discrimination….” According to one legal expert, this language could potentially allow the state to practice so-called reverse discrimination against Asians or whites who are not considered protected class minorities.

📣 Proposal One is a Trojan Horse, filled with deceptive language. If it passes, it’ll amend the NY Constitution and lead to the erosion of parental rights, allow children to make medical decisions without parental consent, give boys the right to compete in girls’ sports, and… pic.twitter.com/a3bmyllfGu

— Tricia Lindsay (@TriciaforSenate) October 13, 2024

Cornell University law professor William Jacobson, founder of the Equal Protection Project, remarked that under Paragraph B, discrimination could become a constitutional right in New York if it aims to prevent or dismantle discrimination. He argued this would embed what is commonly referred to as ‘reverse discrimination’ into the state constitution and criticised it as aligning with Critical Race Theory and Diversity, Equity, and Inclusion ideologies. Jacobson stated these ideologies have no place in the New York Constitution and are contrary to the tradition of protecting against invidious discrimination based on immutable characteristics.

Asian parents expressed concern that the ballot measure might dilute admission criteria for specialised high schools like Stuyvesant and Bronx Science, where Asian students are overrepresented compared to their overall population in the city’s public school system, while black and Hispanic students are underrepresented. Current state law mandates a single entry test for these schools, but Chin suggested that if the amendment passes, educators might discard the admissions exam. Critics have labelled the single test admission policy as “racist,” but Chin countered that a test is impartial and does not judge a person.

“It’s contrary to everything in our anti-discrimination laws and could essentially throw out the New York Human Rights Act, this is dangerous”https://t.co/0FWiQHQcDA#Prop1 #FlipYourBallot #NewYork #yesonprop1 #SaveGirlsSports pic.twitter.com/i5iqIyq1QB

— The Coalition to Protect Kids-NY (@ProtectKidsNY) October 16, 2024

Opponents argued that Prop 1 complicates matters by combining various protections that could conflict with each other. Section A of the amendment states that no person should be denied equal protection in New York based on “race, colour, 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.”

Critics of the amendment argue it could permit biological males identifying as transgender athletes to compete against women, thus discriminating against female athletes. They also fear it could allow transgender youths to undergo sexual reassignment surgery without parental consent. Opponents claim the ballot measure is a strategy by Democrats to mobilise their supporters for the election, asserting that New York already has robust laws protecting abortion rights.

State Sen. Minority Leader Robert Ortt (R-Lockport) denounced the measure, saying it is a tactic to drive votes through fear-mongering. He urged voters to reject the amendment to protect women’s accomplishments in sports and parental rights over child-rearing. Sen. George Borrello (R-Jamestown) added that the measure imposes racism and discrimination instead of equal rights.

Supporters of the ballot measure dismissed the opposition’s claims as misinformation. Sasha Ahuja, campaign director of New Yorkers for Equal Right, stated that the opposition’s tactics are deceitful and desperate attempts to distract voters. Ahuja emphasised that the majority of voters support Prop 1 and that protecting rights and freedoms, including abortion rights, is crucial in this election.