New York Democrats’ strategy to boost voter turnout with an abortion ballot measure has hit a snag, as conservative critics have seized on provisions related to “gender identity” and “gender expression” to attack the amendment.
The provisions, which are part of the “equality amendment,” have sparked a national debate about nonbiological females competing in women’s sports. While abortion and broad LGBT rights have strong support in New York, the language of the amendment has alienated some supporters. Internal polling shows that messaging about mixed-gender sports has shifted voter sentiment in battleground House districts.
New York has several swing districts, with at least seven competitive seats, according to the Cook Political Report. Democrats are worried that the far-right talking points about boys competing in girls’ sports will erode support for their candidates in these districts.
Abortion has been a critical issue nationwide since the Supreme Court overturned Roe v. Wade two years ago.  Even in Republican states, abortion rights have been an issue voters will back.
However, in New York, the “equality amendment” has become a liability for Democrats. Republicans have compared it to a 1923-esque Equal Rights Amendment, which they claim would create new constitutional rights and lead to litigation.
The Republican Party of New York has issued a statement criticizing the amendment, saying it would create a constitutional right to medical transgender procedures without parental consent and override existing statutes. They also claim it would allow biological males to participate in female sports, jeopardizing fairness.
Democrats are caught in a difficult position, wanting to respond to attacks on the amendment without making it appear partisan. If they don’t respond, the amendment could face even more opposition.
John Mannion, a Democratic candidate, urged voters to educate themselves about the proposition. “We exist in a climate of misinformation, and I just want to encourage voters to understand what this proposition is supposed to do,” he said.
Conservatives believe the amendment will energize their base. Gerard Kassar, chairman of the Conservative Party of New York, said, “We think this will jazz up our voters, and we have every desire to talk about this and explain what we believe it does.”
The Conservative Party has a history of successfully opposing ballot initiatives, Democrats are concerned about their chances. In 2021, the party helped fund an effort to defeat a ballot amendment on absentee voting, which ultimately failed.
“We’ve seen that when the right wing in New York wants to take down a ballot initiative, they have the resources to do so,” said Loren Amor, a Democratic consultant. “They can be quite effective, especially if there isn’t a proportional response.”
