LPNY Opposes ERA Proposal 1

On August 26, 2024, the Libertarian Party of New York State Committee voted on a resolution to oppose the Equal Rights Amendment Proposal 1. The drafting of the resolution was spearheaded by Legislative Affairs Director Rich Purtell. Here is the text of the adopted resolution:

WHEREAS, the Equal Rights Amendment (ERA) proposal 1 poses a significant threat to parental rights by potentially allowing government overreach in areas such as education and medical treatment for minors, possibly mandating gender and sex education without parental knowledge or consent, or allowing minors access to gender-affirming treatments without parental involvement;

WHEREAS, the ERA proposal 1 does not provide equal rights for all, but selectively mentions specific groups while excluding others, such as those discriminated against based on marital status or genetic information;

WHEREAS, existing federal and state laws, including the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and Section 11 of the New York State Constitution, already offer comprehensive protection against discrimination for all individuals;

WHEREAS, Section 11 of the New York State Constitution explicitly mandates equal protection under the law for all persons without arbitrary discrimination and prohibits discrimination of civil rights based on race, color, creed, and religion, with these principles extendable to other areas such as gender and disability through judicial interpretation;

WHEREAS, the United States Supreme Court has determined the issue of abortion is to be managed at the state level, not federal, and New York State has already codified abortion rights, including for late-term abortions, through the Reproductive Health Act, making proposal 1 redundant in terms of protecting women’s reproductive rights;

WHEREAS, the proposal’s language is overly broad and ambiguous, creating the potential for significant legal challenges that could burden taxpayers with costly litigation, while also undermining protections specifically designed for women, such as those against sexual assault and in domestic violence shelters, and may give biological men identifying as women access to women-only spaces;

WHEREAS, the broad scope of the ERA proposal 1 could extend privileges traditionally reserved for citizens, such as voting, to non-citizens, including undocumented immigrants, thus potentially creating further legal and social complications;

WHEREAS, the proposal could negatively impact women’s sports by undermining Title IX protections, thus allowing biological men identifying as women to compete in women’s sports, creating unfair competition and jeopardizing scholarships and opportunities that many women rely on for their education;

WHEREAS, the proposal’s implementation would impose financial burdens on schools, businesses, and taxpayers, with increased costs for compliance, legal consultations, and the creation of inclusive environments, such as gender-neutral facilities, ultimately leading to a negative economic impact;

WHEREAS, the proposal, if passed, will result in expanded government control at the expense of individual rights and freedoms, contrary to the intentions of our forefathers, who advocated for limited government to protect the rights of all citizens, and would likely be subject to numerous legal challenges, further straining state resources and taxpayer funds;

THEREFORE BE IT RESOLVED, that we, the Libertarian Party of New York, oppose the New York State Equal Rights Amendment proposal 1, recognizing it as a dangerously broad and unnecessary measure that threatens parental rights, undermines existing protections for women, imposes financial burdens on taxpayers and businesses, potentially grants non-citizens the same privileges as citizens, and expands governmental control at the expense of individual liberties. We urge all voters to vote “No” on this proposal in the upcoming November election.

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