A new equal rights amendment, also known as New York’s Proposal 1, on the November ballot has sparked significant debate, with critics voicing concerns over how it could unintentionally harm Asian American students. As reported in the New York Post and Yahoo News, the measure if passed would amend the New York state constitution to extend protections against discrimination beyond current safeguards for protected racial and religious identities to include protections against discrimination based on gender, sexual orientation, and reproductive healthcare. However, opponents within the Asian American community argue that vague wording could open the door to race-conscious admissions practices that penalize high-performing Asian American students in competitive school admissions—similar to the criticism that parts of the Asian American community have levied against affirmative action.

“We’re going to find ourselves in the courts fighting this,” Wai Wah Chin, past president of the Chinese American Citizens Alliance of Greater New York, said at a rally against Prop 1 at City Hall on Wednesday, the New York Post reports.

Asian American advocacy groups like the Chinese American Citizens Alliance of Greater New York have expressed particular concerns over Section B of the proposed amendment, which reads, “Nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice that is designed to prevent or dismantle discrimination.”

The vagueness of this phrasing, Cornell University law professor William Jacobson and founder of the Equal Rights Project argues, could lead to “reverse discrimination” against Asian and white people. “This is the language of Critical Race Theory and Diversity, Equity and Inclusion, and would create a DEI exception to the anti-discrimination laws in New York State,” he said at the rally.

“Such ideologies have no place in the New York Constitution and are contrary to our tradition of protecting individuals from invidious discrimination based on immutable characteristics,” Jacobson added.

Similar to Asian American advocacy against affirmative action, these groups’ concern centers on the possibility that merit-based admissions for specialized high schools such as Stuyvesant and Bronx Science might be deprioritized in favor of diversity initiatives, leaving academically strong Asian students at a disadvantage.

Supporters of Prop 1, including Governor Kathy Hochul, emphasize the importance of the amendment in protecting reproductive rights in a post-Roe v. Wade era. “It’s critical voters know that an abortion amendment is on the ballot in New York this year,” Hochul told NBC News. “New Yorkers deserve the freedom to control their own lives and healthcare decisions, including the right to abortion regardless of who’s in office, and this important investment will get that message out across the state.”

AAPI supporters of Prop 1 similarly stress that the purpose of the amendment is to protect individuals’ rights rather than target marginalized groups. “The misinformation being spread by the opposition is deceitful and desperate, and is yet another failed attempt to distract New Yorkers. The vast majority of voters support Prop 1, and AAPI New Yorkers – myself included – know that protecting our rights and freedoms, including the right to abortion, is at stake this election,” Sasha Ahuja, campaign director of New Yorkers for Equal Right, told the New York Post.

“While the opposition plans disingenuous stunts, our coalition is doing the real work to educate voters in every corner of the state on what Prop 1 is really about: protecting our fundamental rights and freedoms,” she added.

AsAmNews is published by the non-profit, Asian American Media Inc.

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