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NY ballot measure could discriminate against Asian students, critics claim

A New York City ballot referendum bill touted as protecting abortion rights could lead to discrimination against Asian American students vying for seats at the city's meritocratic high schools, opponents said Wednesday. stated.

Nearly two dozen Asian American parents and legal activists spoke at a rally at City Hall to object to Proposition 1, the Equal Rights Amendment, which will be on the ballot on Election Day.

“We will fight this issue in court,” said Wai Wah Chin, former president of the Chinese American Citizens League of Greater New York.

Chin called the language in the Nov. 5 ballot measure “deceptive” and said it would lead to “reverse racism” against Asian American students who would disproportionately receive spots at New York City's specialized high schools. said.


About 20 people gathered on the steps of City Hall to protest Proposition 1, which is scheduled to be voted on on November 5, 2024. Gregory P. Mango

Section B of the proposed constitutional amendment states: “Nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice for the purpose of preventing or eliminating discrimination.'' It is stated.

One legal expert said the language could open the door for states to engage in so-called reverse discrimination against Asians and whites, who are not considered protected class minorities.

William Jacobson, a Cornell University law professor and founder of the Equal Protection Project, said, “Under Paragraph B, discrimination is “for the purpose of preventing or eliminating discrimination'' under the New York State Constitution. It is the right of the

“This embeds what is commonly referred to as 'reverse discrimination' into the New York State Constitution,” Jacobson said at the rally.

“This is the language of critical race theory and diversity, equity, and inclusion, and it would create a DEI exception in New York state's anti-discrimination laws,” he added.

“Such ideology has no place in the New York State Constitution and goes against our tradition of protecting individuals from insidious discrimination based on immutable characteristics.”

Asian parents are concerned that the language on the ballot could lead to watering down admissions standards for the city's specialized high schools, such as Stuyvesant and Bronx Science. At the high school, students of Asian descent are overrepresented in the city's public school system based on the overall population, but blacks and Hispanics are significantly underrepresented.

Current state law requires students to take only one entrance exam to get into vocational high schools, but Chin argued that if the amendment is approved, educators could eliminate the entrance exam.

She noted that critics have called the single-test admissions policy “racist,” but said that is not the case.

“Now we know it's not racism. A test is a test. It's not about judging people,” Chin said.

Opponents said Prop. 1 opens a Pandora's box by throwing contradictory purported protections into the kitchen sink.

Section A of the bill states that no person should be denied equal protection in New York on the basis of “race, color, ethnicity, national origin, age, disability, or creed.” [or]religion, or sexuality (including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health and autonomy).


About 20 people gathered on the steps of City Hall to protest Proposition 1, which is scheduled to be voted on on November 5, 2024.
“We will fight this issue in court,” said Wai Wah Ching, former president of the Chinese American Citizens League of Greater New York. Gregory P. Mango

As previously reported, the proposed amendment would prohibit discrimination based on gender identity, and critics say it would allow biological males who identify as transgender athletes to compete against females in sports. He claims that he will.

Opponents argue that allowing such competition discriminates against women.

Critics said it would also open the door for transgender youth to undergo sex reassignment surgery without parental consent.

Opponents point out that New York state's laws are among the strongest in the nation when it comes to protecting abortion rights, and the ballot measure is actually an attempt by Democrats to encourage supporters to go to the polls to support their candidates. He claims that it was a ploy prepared to motivate the people.

“So anyone who says we need this to protect abortion rights is using it as fear-mongering, demagoguery and obfuscation to try to drive votes out,” said State Senate Minority Leader. , said Robert Ortto (R-Lockport).

“If you care about women, if you care about protecting women and what they've accomplished, especially in athletics, and raising children. If you care about parental rights, then for those two reasons alone you should vote against it.”

Sen. George Borrello (R-Jamestown) said, “This is not equal rights. As I've said, this is an impressive form of racism, discrimination. This is an imposition of evil. is.”

Supporters of the ballot measure decried what they called “misinformation” surrounding Proposition 1.

“The misinformation being spread by my opponents is deceptive, hopeless, and yet another failed attempt to distract New Yorkers. AAPI New Yorkers, including AAPI New Yorkers, know that protecting our rights and freedoms, including the right to abortion, is at stake in this election,” said Sasha Ahuja, New Yorker Equal Rights Campaign Director. Ta. .

“While the opposition is planning a disingenuous stunt, our coalition is committed to educating voters in every corner of the state about the true meaning of Proposition 1: protecting our fundamental rights and freedoms. Doing real work.”

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