With dishonest marketing, Proposition 1 was sold to New Yorkers. It is racist, discriminatory, and antithetical to the US Constitution. They sold it as abortion protection.
Under Paragraph B, discrimination becomes a constitutional right of NY State, provided it is “designed to prevent or dismantle discrimination.”
This embeds what is commonly referred to as “reverse discrimination” into the NY State Constitution. Discrimination against certain groups to protect other groups would be exempt from the sweeping protections of the current constitution and Paragraph A of the Amendment.
All anyone has to do is claim they aim to “dismantle discrimination.”
It will affect white and Christian people and women in sports, including their right to privacy in bathroom facilities.
People engaging in clearly discriminatory practices and programs can continue doing so.
This is Critical Race Theory and Diversity, Equity, and Inclusion in the NY Constitution. They did it by misleading New Yorkers.
Disgracefully, it is in our New York Constitution because they sold it as something it is not.
The Wall Street Journal Editorial Board reported:
One other Prop. 1 alarm: It provides that “nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice that is designed to prevent or dismantle discrimination.” The Legislature said this line “protects the validity of efforts to prevent or dismantle structural forms of inequality.” This sounds like a cover for programs like the slavery reparations commission the state launched this year or other racial preferences. Cornell law professor William Jacobson warned in April that this language could “create a DEI exception to the anti-discrimination laws.”
As Legal Insurrection wrote in an Op-Ed for the NY Post: “If adopted, Prop One would embed racial retribution in the form of reverse racism, critical race theory and diversity, equity and inclusion principles into the state Constitution, without most voters realizing its far-reaching effects.”
Legal Insurrection fought hard against this unAmerican proposition.
It’s a potpourri of communist ideology embedded in the New York Constitution.
Dangerous Part B: “Nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice that is designed to prevent or dismantle discrimination on the basis of a characteristic listed in this Section.”
Familiar protections of race and religion get thrown out the window.
Proposition 1 passed with 56.61% in favor, according to the NY State Board of Elections website.
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The following is the ticking, Part B, time bomb in this Trojan Horse “Amendment”. It was obviously designed to be obtuse. IT DID NOT APPEAR ON THE ACTUAL BALLOT! Now that’s some serious BS.
b. Nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice that is designed to prevent or dismantle discrimination on the basis of a characteristic listed in this section, nor shall any characteristic listed in this section be interpreted to interfere with, limit, or deny the civil rights of any person based upon any other characteristic identified in this section.
Simple solution: If upon careful review, the red states determine this is in violation of the civil rights of non-protected classes, do what the liberals do. Boycott all advertising and investments in the state of New York. Proceed with the previously proposed plan to create an alternative, more energy-dominant stock exchange in Texas, Florida or another location. Use retirement funds snd hedge funds in a similar manner. Divest from New York. Let them have their cake and eat it, too.
Can thus be challenged in the US Supeme Court?
Any law or state constitution can be challenged in the SCOTUS. They have the ultimate authority in our system of federalism, as governed by the articles and amendments of the U.S. Constitution. It’s why SCOTUS justices are so important to the oldest Constitutional republic in the world. They have the final word. After that, it’s not a matter of government, anymore. It’s in God’s hands.
You trusted the Swamp and this is what Happens. The Swamp (R and D) will always betray you, America.
Can we trade JFK for Hochul?