Attorney warns that NY’s proposed anti-discrimination ballot initiative may grant voting rights to undocumented immigrants

A civil rights attorney is warning that a New York State ballot measure, designed to safeguard residents from discrimination, could potentially grant the right to vote in statewide elections to illegal immigrants.

Next month, New York voters will have the opportunity to decide on Proposition 1, known as the Equal Rights Amendment. This proposal aims to broaden the scope of protected classes under the New York State Constitution, guaranteeing that all individuals belonging to these classes are afforded “equal protection of the laws.”

Proposition 1 seeks to include additional protected classes if it is approved. These classes include ethnicity, national origin, sexual orientation, gender identity, pregnancy, and pregnancy outcomes.

According to New Yorkers for Equal Rights, Proposition 1 would solidify reproductive rights in the state, ensuring that they cannot be undermined by politicians in the future. The organization contends that the measure will also address existing loopholes and protect the most vulnerable individuals in New York from discrimination.

Westchester County-based attorney Bobbie Anne Cox argues that the proposition is a “Trojan horse” that brings with it a range of other changes, one of which is granting the right to vote in statewide elections to immigrants residing in New York illegally. Cox specifically highlights the inclusion of ethnicity and national origin as protected classes in her case.

According to Cox, “National origin refers to the country from which you come, other than the United States. If we now establish in our constitution that every individual in New York State has a constitutional right to be free from discrimination, we are essentially inviting the argument that even non-citizens should have the right to vote, in the name of equality, fairness, and non-discrimination.”

So, you’re already seeing this happening, the battle is already being played out,” Cox said. “And so, if something like Prop 1 with this really broad language happens, that’s just going to be fuel for the fire.”

In a September op-ed, New York state Assemblyman Charles Lavine, D-District 13, countered the argument by stating that Proposition 1 “does not grant special privileges to anyone.”

Assemblyman Lavine emphasized that the amendments in question are not related to the country’s asylum or immigration laws. Instead, their purpose is to reinforce our state constitution’s safeguards, ensuring that all New Yorkers, regardless of their race or ethnicity, are shielded from government discrimination.

New York Gov. Kathy Hochul’s office, when approached for a response to Cox’s concerns, redirected The National News Desk (TNND) to the governor’s campaign. However, the campaign has not yet responded to the request for comment.

TNND reached out to New Yorkers for Equal Rights for comment, but they have not yet responded.

According to a recent poll conducted by the Siena College Research Institute in August, it was found that 68% of likely New York voters are in favor of Proposition 1. On the other hand, 23% of the participants expressed their opposition to the proposition.

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