By WSJ The Editorial Board
When the government gets in the business of making new rights, it pays to look out for the ones you already have. New York Democrats are pushing a November ballot measure, known as Prop. 1, to create new protected classes in the state constitution. The amendment is an attempt to drive Democratic turnout, and it’s a threat to other freedoms.
The New York constitution forbids discrimination on the basis of race, color, creed or religion. Prop. 1 adds “sex” to the list and says the term includes “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” The amendment would also ban discrimination based on age, national origin, ethnicity, and disability.
There’s no real need for these additions. A New York civil-rights law and a sweeping human rights law already ban discrimination based on sex, gender identity, age, disability, and most of these other characteristics in employment, public accommodations, housing, and non-sectarian schools. As for “reproductive autonomy,” state law has codified Roe v. Wade, allowing abortion through the third trimester with a doctor’s approval.
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