A proposed referendum on New York’s ballot aimed at protecting abortion rights could give illegal migrants the right to vote, according to a lawyer spearheading opposition to it.
Westchester County-based constitutional lawyer Bobbi Anne Cox said Proposition 1, a k a the Equal Rights Amendment, is being promoted as enshrining the right to an abortion in the state constitution.
But she said that since the sloppily crafted proposed referendum on the Nov. 5 ballot also includes anti-discrimination protections for every category of New Yorker, it potentially allows for a host of serious other consequences, too.
The text of the proposed amendment says, “No person shall be denied the equal protection of the laws of this state” and would extend all of those protections to everyone 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.”
Cox said “national origin” can refer to foreigners or non-citizens and illegal immigrants — and that the “laws of the state” include voting.
“It would put non-citizens and illegal immigrants on the same plan as citizens. It’s a trojan horse of epic proportions,” she claimed.
“It covers anybody. That includes people who came here illegally and broke our laws. This is unbelievable,” she said.
She said it could “even allow illegal immigrants to vote.”
Cox noted that New York City passed a law to allow 800,000 non-citizens with green cards to vote, but it was blocked in the courts as unconstitutional. The rulings are being appealed.
In 2019, the state legislature approved a law allowing illegal immigrants the right to obtain a driver’s license.
The lawyer also said taxpayers would be hit with more costs to cover services for illegal immigrants if the ballot measure passes.
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Republican pollster John McLaughlin said support for Prop 1 traditionally craters when voters find out how far-reaching it is — including how it would allow biological males who identify as transgender to compete in women’s sports and share female locker rooms.
“This ballot measure is a radical wish list that will change New York forever,” he said.
But supporters of Prop 1 said the ballot measure does not grant illegal immigrants the right to vote and accuse opponents of scare-mongering.
“False. This will not give them citizen rights. Those can only be provided through the federal government,” said state Sen. Liz Krueger (D-Manhattan), a backer of the proposed amendment.
“We have many precedents in state law that people should not face discrimination, regardless of whether they were born here or are citizens,” she added.
Sasha Ahuja, campaign director for New Yorkers for Equal Rights said of the voting issue, “This is completely false and an attempt to confuse New Yorkers from what Prop 1 is really about: making sure New Yorkers’ fundamental rights and freedoms are protected, including the right to abortion.
“Prop 1 also closes loopholes in the state constitution to protect New Yorkers against government discrimination, just as they have done in conservative states like Texas, Florida, and Louisiana. Anyone saying otherwise is trying to divide and distract voters, and the opposition knows it.”
