New York votes to put abortion rights in the state constitution

By Ian Pickus, WAMC

Published November 5, 2024 at 10:29 PM EST

A voter casts a ballot at the Church of the Heavenly Rest in New York on Election Day, Tuesday, Nov. 5, 2024.

This piece originally appeared as part of NPR's live coverage of the 2024 election. For more election coverage from the NPR Network head to our live updates page.

ALBANY, N.Y. — New York voters have approved an amendment to the state constitution designed to protect the state’s current access to abortion along with protections against various forms discrimination, according to a call by The Associated Press.

The measure is titled, “The Amendment to Protect Against Unequal Treatment.” It was placed on the ballot by the Democratic-controlled Legislature as a response to the U.S. Supreme Court’s decision to overturn Roe v. Wade two years ago.

Although the amendment does not include the word “abortion,” it holds that no one can face discrimination due to “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”

It expands on protections already in the constitution against discrimination based on race, ethnicity, and religion.

More: New York election results

Republicans campaigned against the measure largely on the other issues besides abortion, saying it would enshrine rights for transgender women to compete in women’s sports and for minors to receive gender-affirming care without parental consent. Good government advocates argued the amendment was imprecise and confusing. But the courts backed the amendment to allow it on the ballot.

New York law already includes strong protections for abortion rights. The 2019 Reproductive Health Act enshrined Roe v. Wade in state law. Abortion is legal through the 24th week of pregnancy. After that, it’s legal if a medical provider decides the fetus is not viable or if the mother’s life or health are at risk. Minors do not need parental permission to receive an abortion or birth control.

Now New York voters have moved along with other states to build abortion rights into the state constitution. There are nine other states with abortion rights on the ballot Tuesday.

Ian Pickus is News Director at WAMC