ALBANY — New York’s Catholic bishops are warning that the proposed Equal Rights Amendment to the state’s constitution is a “wolf in sheep’s clothing” that endangers the unborn and could degrade parental rights.
The eight prelates, including Bishop Robert Brennan, argued against the Proposal 1 constitutional amendment on Sept. 5. Their positions came via a joint statement issued by the Albany-based New York State Catholic Conference.
The term “Proposal 1” is how the measure will appear on the ballot, but its supporters have likened it to an “Equal Rights Amendment,” or ERA.
Legislation of a similar name has existed since 1920 when supporters of women’s rights sought an amendment to ensure they had equal rights to men under the Constitution.
“The title suggests a noble cause, as all children of God should be treated equally under the law,” the bishops said. “[But] Proposal 1 is a wolf in sheep’s clothing that could lead to darkness for many New York families.
“We oppose it and urge you to vote ‘no.’ ”
The bishops asserted that the measure would “effectively, permanently legalize abortion without restriction, and up until the moment of birth in New York.”
They called the amendment “redundant” because New York has already “stripped away all abortion limitations.”
However, they said Proposal 1 would “render impossible any change to the law if the hearts and minds of New Yorkers were ever to shift toward protecting the child in the womb.”
The first national ERA attempt failed in the 1920s and has repeatedly been reintroduced since then. Still, it has yet to be ratified on a national level. However, slightly more than half of the states have ERA-type provisions in their constitutions.
The New York Legislature passed its ERA in 2023, but it’s up to voters to ratify it or vote it down on Nov. 5. It almost didn’t make it onto the ballot.
A State Supreme Court justice in May ruled that the Legislature did not follow correct procedures to amend the state constitution when it adopted Proposal 1. The justice ordered that it be stricken from the ballot.
However, the state appellate court unanimously overturned that decision in July, and because the state appeals court would not take up the case, Proposal 1 is back on the Nov. 5 ballot.
If approved, it would amend Article 1, Section 11 of the New York Constitution by adding ethnicity, national origin, age, disability, and sex. That could include sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes.
But the bishops said the amendment’s “sweeping language” is “too broadly written.”
For example, they said including “age” as a protected class could lead to “parents’ rights being stripped away.” The bishops argue that courts could decide parents have no authority over minors on important matters.
Thus, children would be free to make “destructive and permanent decisions on their own which they could well live to regret, including but not limited to so-called ‘gender affirming’ treatments and surgeries.”
The bishops added that the relationship between parents and their children “is sacred.”
“Parents must be able to support and guide their children in accord with the natural law, without interference from the government or courts, which would be reaching beyond their competency,” the bishops said.
Other groups, iincluding the New York Republican State Committee and the Coalition to Protect Kids-NY (CTPK-NY), also oppose Proposal 1.
In a fact sheet about the measure, Republicans accuse the proposal’s supporters of portraying it as essential to protect abortion rights in New York.
For example, State Senator Brad Hoylman-Sigal, D-Manhattan, has said on social media that the added constitutional protection for abortion rights in New York is needed after Roe v. Wade was overturned in 2022.
“Republicans across the country are now hell-bent on criminalizing abortion,” he posted on X. “That’s why it’s essential that we pass the NY Equal Rights Amendment this November and enshrine reproductive rights in our state constitution.”
Republicans countered in the fact sheet that abortion in New York was legalized in 1970 “and is not under any genuine threat of modification or repeal.”
“Partisan Democrats think by falsely portraying abortion rights as under threat they will inspire enhanced voter turnout for their side,” the Republicans said. “It is a cynical move, but one with alarming implications.”
CTPK-NY is a ballot-issue committee registered with the New York State Board of Elections. It has called Proposal 1 the “Parent Replacement Act.” They contend the amendment could damage girls’ sports.
“The ERA could also mandate that schools allow biological males to compete in girls’ sports, which undermines fair competition and safety for female athletes,” a CTPK-NY fact sheet stated.
Bishop Brennan’s fellow signers of the statement included Cardinal Timothy Dolan, archbishop of New York; Edward Scharfenberger, bishop of Albany; Michael Fisher, bishop of Buffalo; Terry LaValley, bishop of Ogdensburg; Salvatore Matano, bishop of Rochester; John Barres, bishop of Rockville Centre; and Douglas Lucia, bishop of Syracuse.
In addition, all auxiliary and emeritus bishops of New York State also added their names to the statement.
The prelates reminded that Pope Francis said “thoughtful Catholics” must participate in the public square for the sake of the common good.
“Every Catholic is called to do the work of properly informing his or her conscience,” the bishops said.
They added that people should vote for candidates and policies that champion natural law, protection of human rights, the dignity of each person, the sacredness of all life, “and the teachings of Christ and His Church.”
“Likewise,” the bishops said, “they should thoughtfully vote their informed conscience up and down the ballot so that we might usher in change for good.”