'CONTINUE TO FIGHT'

Proposal 1, which enshrines abortion rights into state constitution, approved by voters

Controversial Proposal 1 - which Bishop Edward B. Scharfenberger of the Diocese of  Albany called “a bad apple” - was approved by voters on Nov. 5.

Needing a simple 50 percent of the votes to pass, the amendment - which will enshrine abortion rights into the New York State constitution - garnered nearly 62 percent of the votes. Also known as the Equal Rights Amendment (ERA), the statewide ballot initiative creates a fundamental right to abortion in the state constitution, and opponents say could infringe on the religious liberty of institutions and individuals and threaten the right of parents to make medical and other decisions for their children.

“We are disappointed in the decision of the voters to approve this deceptively worded state constitutional amendment and we thank all who voted no,” said Dennis Poust, executive director of the New York State Catholic Conference. “Despite this outcome, we will continue to fight the good fight for the protection of human rights, the dignity of the human person, the sacredness of all life, the rights of parents, and the preservation of religious liberty.

“The Catholic Bishops of New York State encourage legislators and state officials to focus on true support for women, children and families rather than continuing to push abortion as the only option. If you are pregnant or a new parent and you need help, the Catholic Church is here for you. You are not alone.”

Proponents state this new constitutional amendment would mandate fair treatment for all people under the law, by stating that "no person shall, because of … sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, be subjected to any discrimination."

But its ambiguous and broad language leads critics to believe the amendment could have far-reaching and unintended consequences. Fewer restrictions could increase the rates of abortions performed on minors and the number of late-term abortions. Others are worried the ERA would undermine parental rights and girls' sports, destroy women-only spaces and trample on religious liberties. 

Bishop Scharfenberger wrote in his Oct. 9 column in The Evangelist (“Say NO to a bad apple): “Be not misled by the seductive label on this apple. The noble equality of human beings, which we all cherish, believers or not, is not the ‘equality’ on which proponents of Prop 1 seem obsessed.”

Bishop Scharfenberger added the constitutional amendment “is a such a big deal because it adds new classes of rights, many ill-defined, which many legal analysts fear would wreak chaos upon existing civil rights structures. Inevitably, conflict will lead to legal strife between protected classes, newly minted, inciting costly litigation inflation.”

“Courts in turn, not legislators, would have to interpret the vague language of the amendment, creating new hierarchies of rights,” he continued. “In the wake of Prop 1, not only could court battles checkmate the guidance and consent of parents over their kids’ physical and emotional health, but also that of teachers accused of infringing on children’s “rights – even if in good faith all they try is to inform parents.

Both legal abortion supporters and pro-life advocates believe the amendment will more deeply enshrine access to abortion in the Empire State. Planned Parenthood of New York states that the ERA would "protect against any government actions that would curtail a person's reproductive autonomy or their access to reproductive health care. For example, the ERA would prevent the state from implementing a state abortion ban, stopping state funding for abortion via Medicaid, banning private insurance coverage of abortion (or) adding medically unnecessary burdens on patients or facilities."

This was another point that Bishop Scharfenberger emphasized in his column.

“Such an amendment to the Constitution would make it impossible to limit the severity of already existing laws so as to mitigate the total lack of equal protection for preborn children — an unprotected class — should the hearts and minds of New Yorkers ever moderate toward legally protecting a child growing in the womb.”

On Sept. 5, the Catholic Bishops of New York State issued a statement calling the proposal “a wolf in sheep’s clothing” and urging a no vote.

“The title suggests a noble cause, as all children of God should be treated equally under the law,” the Bishops wrote. “However, this proposed amendment to the state Constitution is broadly written and could have dangerous consequences if enacted, which is why we oppose it and urge you to vote no. 

“Proposal 1 is a wolf in sheep’s clothing that could lead to darkness for many New York families. This amendment disregards the lives of unborn and struggling children in the name of political agendas,” the statement continued. “It could have dangerous consequences for these children and their parents. As they look to make their voices heard in the public square, faithful Catholics should consider these consequences and vote no. Likewise, they should thoughtfully vote their informed conscience up and down the ballot so that we might usher in change for good.

Voters in three states reject abortion ballot measures

WASHINGTON -- Voters in Florida, Nebraska and South Dakota on Nov. 5 rejected amendments to their state constitutions that would have codified abortion as a right, while other states, including Arizona, Colorado, Montana, Nevada and Missouri, did vote to codify such a right in their constitutions, on Election Day. 

Nebraska's 12-week abortion ban will remain in effect after Initiative 434, which proposed limiting abortion after the first trimester, received more "For" votes than its competing Initiative 439, which would have codified a constitutional right to abortion. South Dakota likewise rejected a measure to codify abortion protections. Ten states had 2024 ballot referenda considering abortion either directly or indirectly. In Maryland, voters approved a ballot measure to add "reproductive freedom" -- which it defines as inclusive of abortion -- to that state's Declaration of Rights. 

In Florida, the state conference of Catholic bishops said in a statement that it is "profoundly relieved at the defeat of Florida's pro-abortion Amendment 4. This is a positive outcome for Florida and all efforts to promote the flourishing of our state." Unlike the other nine states, the Sunshine State requires such measures to reach a threshold of 60 percent to pass. - OSV NEWS

For more information on available resources in New York State, please visit: https://www.nyscatholic.org/resources/beginning-life/help-moms. 

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