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New York Supreme Court allows referendum expanding the concept of 'discrimination' to issues such as "gender identity" and "pregnancy outcomes"

The amendment would seek to mobilize the Democratic electorate in November, with controversial regulations such as allowing "laws to prevent or undo past discrimination."

Imagen de la fachada del Tribunal Supremo del Estado de Nueva York en Manhattan.

NYS Supreme Court in ManhattanCordon Press

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New York voters will find a proposal on the November ballot to amend the state constitution and add "gender identity" and "pregnancy outcomes" to the protected classes.

Both would join race, color, creed and religion in Article 1, Section 11 of the State Bill of Rights. The proposal seeks to add several new items: ethnicity, national origin, age, disability, sex, sexual orientation, gender expression, pregnancy and "reproductive healthcare and autonomy.”

The section bans individuals, businesses, organizations, and state or local governments from discriminating others. In a controversial point, the state government states that "the amendment allows laws to prevent or undo past discrimination.”

The constitutional reform proposal pushed by Democrats overcame its latest setback Thursday. It was dismissed by the New York Supreme Court. Like a lower court in June, the state's highest court refused to take up the case on the grounds that there was no constitutional question at stake.

"The Court of Appeals was wrong to reject the challenge to Proposal 1," New York Republican Party Chairman Ed Cox said in a statement. The Republican described the measure as a "trojan horse.”

Cox claimed that the so-called Equal Rights Amendment "grants boys and men the right to compete in girls and women’s sports, by elevating ‘gender identity’ to a constitutional right." In addition, he claimed that by applying "to all persons," it would allow minors to access puberty blockers and transgender surgeries without parental permission.

Among other hidden consequences, he said it would grant taxpayer-paid benefits to illegal immigrants and "open the door" for non-citizens to vote.

The Democratic Party hopes the measure will get voters to the polls by focusing on two of its key issues: support for the trans movement and abortion. 

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