WELL THERE IS RIGHTFULLY A LOT OF ATTENTION AROUND THE PRESIDENTIAL ELECTION THIS YEAR, THERE ARE ALSO A SLEW OF OTHER COMPETITIVE RACES AND IMPORTANT MEASURES ON THE BALLOT IN NEW YORK.

THIS YEAR, NEW YORKERS WILL HAVE THE OPPORTUNITY TO VOTE FOR OR AGAINST, ADDING THE EQUAL RIGHTS AMENDMENT TO THE STATE CONSTITUTION.

IF ENACTED, THE AMENDMENT WOULD PROHIBIT DISCRIMINATION ON THINGS LIKE A PERSON'S ETHNICITY, GENDER, SEXUAL ORIENTATION AND PREGNANCY OUTCOMES.

THE LEGISLATION, WHICH LAWMAKERS PASSED EARLIER THIS YEAR HAS SURVIVED LEGAL THREATS AND COURT RULINGS THROUGHOUT THE SUMMER.

RECENTLY, THE BOARD OF ELECTIONS RELEASED LANGUAGE ON HOW THE MEASURE WILL APPEAR ON THE BALLOT WHICH CONCERNED BOTH ADVOCATES AND LAWMAKERS.

THEY ARGUE VOTERS WILL HAVE A HARD TIME UNDERSTANDING WHAT THE AMENDMENT WOULD ACTUALLY DO AND HAVE CALLS ON THE BOARD OF ELECTIONS TO REVISE THE LANGUAGE.

TO UNDERSTAND THE IMPACT OF THE MEASURE AND PLANS TO EDUCATE VOTERS AHEAD OF ELECTION DAY, WE SPOKE WITH THE LEAD SPONSOR OF THE LEGISLATION, STATE SENATOR LIZ KRUEGER.

[ THEME MUSIC ] THANK YOU SO MUCH FOR JOINING US TODAY, SENATOR.

HAPPY TO.

NOW YOU ARE THE LEAD SPONSOR OF THE LEGISLATION THAT WOULD AMEND THE STATE CONSTITUTION TO PROHIBIT DISCRIMINATION ON THINGS LIKE A PERSON'S ETHNICITY, GENDER, SEXUAL ORIENTATION AND PREGNANCY OUTCOME.

I WANTED TO UNDERSTAND, WHAT DO YOU WANT NEW YORKERS TO KNOW ABOUT THE MEASURE AS THEY HEAD TO THE POLLS THIS NOVEMBER?

SO THIS IS A PROPOSAL THAT CHANGES THE NEW YORK STATE CONSTITUTION.

MOST OF US DON'T WALK AROUND WITH A COPY OF THE CONSTITUTION.

WE DON'T READ IT.

IT ONLY REALLY MATTERS TO US WHEN THERE'S SOME KIND OF LAWSUIT CHALLENGING THAT YOU'VE BEEN DISCRIMINATED AGAINST, AND IT EVEN MATTERS IF YOU THINK YOU HAVE A LAW PROTECTING YOU BUT THEN SOMEONE GOES TO COURT AND SAYS, WELL, THAT'S NOT IN THE CONSTITUTION.

SO THE LAW ISN'T REALLY CONSTITUTIONAL, SO I REALLY CAN DISCRIMINATE AGAINST YOU AND THAT'S WRONG.

SO THE LAST TIME THIS PART OF THE CONSTITUTION WAS OPENED UP FOR DISCUSSION OR CHANGE WAS IN THE MID-1930S.

THAT'S ALMOST A HUNDRED YEARS AGO.

THE WORLD HAS CHANGED, WHO WE ARE HAS CHANGED.

SO RIGHT NOW, THE CONSTITUTION ONLY PROTECTS YOU FROM DISCRIMINATION BASED ON RACE, CREED, AND RELIGION.

BUT OF COURSE, THERE ARE MANY REASONS PEOPLE GET DISCRIMINATED AGAINST AND WE WANT TO BUILD INTO THE CONSTITUTION THAT THEY CAN'T DISCRIMINATE AGAINST YOU BASED ON ETHNICITY OR NATIONAL ORIGIN OR AGE OR DISABILITY OR SEX, AND WHEN WE TALK ABOUT SEX, IT INCLUDES SEXUAL ORIENTATION, GENDER IDENTITY, AND REPRODUCTIVE HEALTH RIGHTS, SUCH AS THE RIGHT TO CARRY A PREGNANCY OR TO END A PREGNANCY AND SO THAT ISSUE, AT THIS MOMENT IN HISTORY, IS PARTICULARLY ON MOST WOMEN'S MINDS IF NOT EVERYBODY'S MINDS BECAUSE WHAT DID WE LEARN?

WE CAN'T TRUST THE SUPREME COURT.

WE'RE GOING TO HAVE TO DO IT ALONE, FOLKS, BECAUSE THE SUPREME COURT RULED AGAINST OUR REPRODUCTIVE HEALTH RIGHTS, EVEN THOUGH NO ONE BELIEVED THAT COULD EVER BE POSSIBLE AND WE'RE LIVING IN A COUNTRY WHERE 24 STATES HAVE NOW BASICALLY MOVED TOWARDS COMPLETE BANNING OF ABORTIONS AND EVEN BIRTH CONTROL AND EVEN MEDICAL CARE FOR A MISCARRIAGE, SO THIS COUNTRY'S GETTING A LITTLE CRAZY, AND WE HAVE TO STRENGTHEN OUR PROTECTIONS AS MUCH AS WE CAN IN OUR CONSTITUTION BECAUSE WE'RE A STATE AND I BELIEVE THE VAST MAJORITY OF PEOPLE DON'T WANT ANYONE DISCRIMINATED AGAINST THEM OR OTHERS AND WE SHOULD MAKE SURE THAT'S CLEAR IN OUR CONSTITUTION.

AS WE KNOW THERE HAVE BEEN SOME LEGAL CHALLENGES TO THE AMENDMENT.

EARLIER THIS SUMMER, A JUDGE SIDED WITH REPUBLICAN LAWMAKERS TO HAVE THE AMENDMENT BROUGHT OFF THE BALLOT AND LATER THE COURT OF APPEALS RESTORED THE AMENDMENT TO BE BACK ON THE BALLOT.

SO WHAT DO YOU MAKE OF ALL THE LEGAL CHALLENGES ON THE AMENDMENT?

DID ANYTHING SURPRISE YOU?

NO.

WE CERTAINLY EXPECTED THIS, AND IT WAS REPUBLICAN STRATEGY TO TRY TO GET THIS OFF THE BALLOT BECAUSE SHOCKING AS IT MAY BE, THE NEW YORK STATE REPUBLICAN PARTY HAS FOUGHT ABORTION PROTECTIONS AND RIGHTS AND LGBT RIGHTS AND OTHER PEOPLE'S RIGHTS FOR AS LONG AS I'VE BEEN IN THE SENATE AND FOR THE RECORD, WHEN THEY CONTROLLED THE SENATE FROM THE LATE '30S THROUGH 2018, THE VAST MAJORITY OF THOSE YEARS, THEY NEVER ENTERTAINED EXPANDING OR MODERNIZING ANY OF THESE RIGHTS IN LAW.

IT WAS ONLY THE SECOND DAY OF THE DEMOCRATIC CONTROL OF THE SENATE IN 2019 THAT WE FINALLY PASSED THE REPRODUCTIVE HEALTH ACT ESTABLISHING THAT THE RIGHT TO ABORTION WAS A HEALTH RIGHT WITHIN THE HEALTH LAW.

SO I'M NOT SURPRISED AND IT WAS NOT AN ATTEMPT THAT WAS GOING TO BE SUCCESSFUL AND WE KNEW THAT, BUT THEY TRIED AND NOW THEY'RE NOT SAYING THEY'RE WORKING AGAINST THE EQUAL RIGHTS AMENDMENT, BUT OF COURSE, THEY ARE THROUGH SORT OF FAKE GRASS ROOTS ORGANIZATIONS THAT ARE FUNDED BY ANTI-CHOICE FUNDERS AND BEING OPERATED THROUGH THE CONSERVATIVE PARTY WITH REPUBLICAN PARTY BLESSINGS, SO FRANKLY, THIS HAS ENDED UP BEING PARTISAN AND IT HAS END UP BEING SORT OF MOST ABSURDLY CONFUSING BECAUSE THEY DON'T WANT TO COME OUT AND SAY WE'RE AGAINST ABORTION RIGHTS, BUT ACTUALLY THAT'S WHAT THEIR EFFORT IS TRYING TO DO, STOP ABORTION RIGHTS FROM MOVING FORWARD IN NEW YORK.

WHAT DO YOU MAKE OF THE PERSPECTIVE FROM CRITICS WHO SAY NEW YORK ALREADY HAS ABORTION ACCESS AND REPRODUCTIVE RIGHTS AND THE AMENDMENT IS JUST TOO BROAD IN ITS NATURE?

OKAY.

THE AMENDMENT IS NOT TOO BROAD IN ITS NATURE.

I JUST DESCRIBED TO YOU WHO IT'S TRYING TO PROTECT AND DON'T WE ALL THINK THAT PEOPLE ABOVE A CERTAIN AGE SHOULD HAVE EQUAL RIGHTS?

DON'T WE ALL THINK PEOPLE WITH MEDICAL OR PHYSICAL OR DEVELOPMENTAL DISABILITY SHOULD HAVE EQUAL RIGHTS?

DON'T WE MOSTLY THINK PEOPLE SHOULD HAVE EQUAL RIGHTS IF THEY'RE LGBT, IF THEY HAVE A DIFFERENT ETHNICITY TO THAN US?

WE SORT OF ESTABLISHED DOING THAT FOR RACE AND RELIGION IS NOT WRONG.

IT'S CORRECT.

IT'S BEEN IN THE CONSTITUTION NOW FOR ALMOST 100 YEARS AND IT'S PROVED TO BE VERY IMPORTANT.

SO I DON'T KNOW WHY PEOPLE THINK WE DON'T NEED THIS AND AGAIN, I'LL GO BACK TO THE SUPREME COURT REVERSING ITSELF ON ROE V. WADE WITH THE DODD'S DECISION, OTHER CASES SINCE THEN STATES WHO AT ONE TIME VERY RECENTLY SUPPORTED A ABORTION RIGHTS REVERSING THEMSELVES.

YOU KNOW, YOU ONLY NEED ONE CHANGE IN A GOVERNOR'S OFFICE TO BLOW THIS WHOLE THING UP AND FRANKLY, WE ALMOST GOT AN ANTI-CHOICE REPUBLICAN LAST GOVERNOR'S ELECTION.

IT WAS JUST A 3% DIFFERENCE.

SO WHEN PEOPLE SAY IT DOESN'T MATTER HERE, I'M LIKE YOU'RE NOT REALLY PAYING ATTENTION.

YES, IT DOES MATTER.

IT MATTERS FOR EVERYONE.

AND WHEN THE BOARD OF ELECTIONS POSTED LANGUAGE ON THE MEASURE EARLIER THIS SUMMER, THERE WAS A LOT OF CONCERN BECAUSE THE MEASURE, AS IT APPEARS ON THE BALLOT, WILL NOT INCLUDE THE WORDS ABORTION OR LGBTQ+ AND SUPPORTERS SEEM TO BE WORRIED THAT THE IMPACT OF THE MEASURE MAY NOT BE CLEAR TO VOTERS AT THIS JUNCTURE.

I'M CURIOUS, WHAT WILL BE THE STRATEGY FROM DEMOCRATS TO IMPROVE AWARENESS OF THE BALLOT MEASURE HEADING INTO NOVEMBER?

GREAT QUESTION.

10 YES.

WE'RE VERY DISAPPOINTED THAT THE BOARD OF ELECTION, WHICH IS MADE UP OF TWO REPUBLICAN COMMISSIONERS AND TWO DEMOCRATIC COMMISSIONERS, DID NOT DO WHAT THE LAW SAID THEY WERE SUPPOSED TO DO, WHICH WAS TO TURN ALL BALLOT QUESTIONS INTO SIMPLE ENGLISH AT NO MORE THAN AN EIGHTH GRADE READING LEVEL.

WE PASSED A SEPARATE LAW SAYING THAT, BUT THEY IGNORED IT AND SOMEHOW, THE COURTS LET THEM GET AWAY WITH THAT.

INSTEAD, WE GET A 15TH GRADE READING LEVEL AND A VERY COMPLEX SET OF LANGUAGE AND IT'S TRUE.

CONSTITUTIONAL LANGUAGE IS COMPLEX WITH INTENTION, WHICH IS WHY WE WANTED THE SIMPLER ENGLISH FOR THE BALLOT.

WE DIDN'T GET THAT.

SO NOW OUR JOB IS TO MAKE SURE EVERYBODY UNDERSTANDS EXACTLY WHAT THIS BALLOT AMENDMENT WOULD DO AND WE ARE CONFIDENT WHEN THEY UNDERSTAND THAT, THEY WILL VAST MAJORITY VOTE FOR IT.

BUT WE ARE VERY DISTURBED THAT THERE ARE VARIOUS GROUPS SPREADING COMPLETELY UNTRUE STORYLINES ABOUT THIS THAT SOMEHOW IF YOU VOTE YES ON THIS BALLOT PROPOSAL, PEOPLE ARE GOING TO COME AND TAKE YOUR CHILDREN AND FORCE THEM TO HAVE GENDER-CHANGING SURGERY.

NO, NOTHING TO DO WITH THIS AMENDMENT.

NOT TRUE.

THAT YOU'RE GOING TO BE FORCED TO HAVE NO GIRL SPORTS TEAMS IN SCHOOLS.

NO, NOT TRUE.

NOTHING TO DO WITH THIS AMENDMENT.

SO THEY KEEP SPREADING SOME PRETTY RIDICULOUS STATEMENTS BECAUSE THEY KNOW THEY JUST CAN'T COME OUT AND SAY, HEY, WE DON'T THINK THERE SHOULD BE ABORTION RIGHTS IN NEW YORK STATE.

WE DON'T THINK THERE SHOULD BE LGBT RIGHT NEW YORK STATE, SO WE'RE GOING TO PANIC YOU ALL WITH FALSE INFORMATION AND GET YOU TO NOT VOTE YES.

SO OUR JOB IS TO MAKE IT CLEAR TO PEOPLE EXACTLY WHAT THIS AMENDMENT WILL DO, WHY IT IS COMMON SENSE IN 2024 AND GUESS WHAT.

THERE ARE STATES ALL OVER THE COUNTRY THAT ARE PASSING CONSTITUTIONAL AMENDMENTS ALSO TO ENSURE RIGHTS FOR ABORTION AND LGBT PEOPLE.

WE'RE NOT EVEN OUT OF THE NORM.

AND ARE YOU CURRENTLY IN CONVERSATIONS WITH THE NEW YORK STATE DEMOCRATIC PARTY TO, YOU KNOW, DEVELOP A STRATEGY SUPPORT OF THE MEASURE AHEAD OF ELECTION DAY?

ABSOLUTELY.

THE PARTY HAS ALREADY COMMITTED ITSELF PUBLICLY TO MESSAGING THIS CLEARLY AND COORDINATED CAMPAIGN EFFORTS FOR THE CONGRESSIONAL STATE RACES HAVE BEEN HAPPENING THIS YEAR.

THEY'RE PUTTING MONEY BEHIND IT.

THERE'S A COALITION THAT'S COME TOGETHER OF MANY, MANY GROUPS TO IMPROVE ON THE MESSAGING AND DISTRIBUTING MATERIALS.

I KNOW I'M HAVING MY OWN WEBINAR TO EDUCATE PEOPLE NEXT MONTH.

WE'RE DOING FLIERING WITH DEMOCRATIC CLUBS AND OTHER ORGANIZATIONS WHO BELIEVE IN THIS INITIATIVE ALL OVER THE STATE.

SO YES.

WE ARE DOING MANY, MANY THINGS TO EDUCATE THE PUBLIC ABOUT WHAT THIS AMENDMENT IS BECAUSE TRUTHFULLY, UP UNTIL NOW WHEN YOU SAY TO PEOPLE, PLEASE VOTE YES FOR THE ERA PROPOSAL I, THEY GO, WHAT THE HELL ARE WE TALKING ABOUT?

THAT'S THE PROBLEM.

SO WE NEED TO GET THE WORD OUT.

WE NEED TO INVEST IN MAKING SURE WE'RE LETTING VOTERS KNOW.

THEY NEED TO TURN OVER THE BALLOT AND HOW MANY VOTERS DON'T EVEN REALIZE WHEN YOU GO TO VOTE, YOU NEED TO TURN OVER THE BALLOT.

THERE'S NOT JUST ONE PROPOSAL THERE.

I THINK THERE'S FOUR OR FIVE FOR THE CITY CHARTER AS WELL.

WELL, UNFORTUNATELY, THAT'S ALL THE TIME WE HAVE FOR TODAY.

THANK YOU SO MUCH FOR TAKING THE TIME TO SPEAK WITH US TODAY, SENATOR.

THANK YOU VERY MUCH.

AND WE WERE SPEAKING WITH STATE SENATOR LIZ KRUEGER.

FOR MORE INFORMATION ON THE EQUAL RIGHTS BALLOT MEASURE, YOU CAN VISIT OUR WEBSITE.

THAT'S AT NYNOW.ORG.