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By: Don Driggers
New York Post Exclusive: A controversial referendum appearing on New York’s November ballot, aimed primarily at protecting abortion rights, could have a much wider impact by potentially granting illegal immigrants the right to vote, claims Bobbi Anne Cox, a constitutional lawyer from Westchester County who is spearheading opposition to the measure.
Proposition 1, known as the Equal Rights Amendment, is being promoted as a means to safeguard abortion rights by enshrining them in the state constitution. However, Cox warns that this “sloppily crafted” proposal could lead to unintended consequences, as it includes anti-discrimination protections for all New Yorkers, without adequately specifying who is covered.
“This is a trojan horse of epic proportions,” Cox told the NY Post, emphasizing that the proposed amendment’s vague language could open the door to granting non-citizens—including those in the country illegally—the same rights as citizens. The amendment states, “No person shall be denied the equal protection of the laws of this state” and explicitly includes protections based on “race, color, ethnicity, national origin, age, disability, creed [or], religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
Cox argues that the term “national origin” could be interpreted to include foreign nationals, non-citizens, and illegal immigrants, potentially extending all state protections, including voting rights, to them. “It would put non-citizens and illegal immigrants on the same plane as citizens,” she claimed. “This is unbelievable. It covers anybody, even those who came here illegally and broke our laws.”
New York City had previously attempted to allow 800,000 non-citizens with green cards to vote in local elections, but the move was blocked in court as unconstitutional. Despite ongoing appeals, Cox fears that Prop 1 could bypass these restrictions if passed, effectively allowing illegal immigrants to vote statewide. “It could even allow illegal immigrants to vote,” she said.
Adding to the concerns, Cox warned that the referendum could burden taxpayers further, as it might lead to increased costs for services provided to illegal immigrants. “Taxpayers will be footing the bill if this passes,” she emphasized.
Republican pollster John McLaughlin echoed Cox’s warnings, stating that support for Prop 1 tends to drop when voters learn about its broader implications. He argued that the measure’s vague language could also allow biological males who identify as transgender to compete in women’s sports and share female locker rooms, sparking even more controversy. “This ballot measure is a radical wish list that will change New York forever,” McLaughlin said.
Despite the mounting opposition, supporters of Prop 1 insist that the amendment doesn’t grant illegal immigrants voting rights. State Sen. Liz Krueger (D-Manhattan), a strong proponent, dismissed the claims as fear-mongering. “False. This will not give them citizen rights. Those can only be provided through the federal government,” Krueger told the NY Post. She argued that the state has a history of ensuring that people don’t face discrimination regardless of their birthplace or citizenship status.
Sasha Ahuja, campaign director for New Yorkers for Equal Rights, further defended the proposed amendment, stating, “This is completely false and an attempt to confuse New Yorkers from what Prop 1 is really about: making sure New Yorkers’ fundamental rights and freedoms are protected, including the right to abortion.” Ahuja added that Prop 1 is intended to close loopholes in the state constitution, offering protections similar to those in conservative states like Texas, Florida, and Louisiana.
