Equal Protection Project Joins Asian-American Community Standing Against Reverse-Discrimination Of NY ‘Equal Rights Amendment’

Equal Protection Project Joins Asian-American Community Standing Against Reverse-Discrimination Of NY ‘Equal Rights Amendment’

The Equal Protection Project (EqualProtect.org) has led the fight against New York Proposition No. 1 on the ballot on November. Misleadingly called the “Equal Rights Amendment,” the proposition would in fact destroy rights by creating a DEI exception to the non-discrimination provisions in the NY Constitution.

While there is an active group and movement — ProtectKidsNY.com — opposing the ERA on grounds of parental rights and protecting girls’ and women’s sports and spaces, EPP was the first to focus on the second part of the ERA.

We first raised the issue in April 2024, and have been a lone voice — until recently– on this aspect of the Proposition, but now major newspapers and other groups are speaking out:

• Equal Protection Project Opposes Proposed DEI Amendment to the NY State Constitution
• NY Equal Rights Amendment Ballot Initiative “sets up … racial retribution and favoritism under the guise of ‘dismantling discrimination’”

I spoke on October 16, 2024, at a press event organized by EPP and CACAGNY (Chinese American Citizens Alliance of Greater New York) on the steps of City Hall in Manhattan.

The NY Post covered the event, Prop 1 — NY’s ‘Equal Rights Amendment’ ballot measure — may discriminate against Asian students: critics

A proposed referendum on New York’s ballot touted as protecting abortion rights could end up discriminating against Asian American students vying for seats in the city’s merit-based high schools, opponents said Wednesday.

Nearly two dozen Asian American parents and legal activists took issue with Proposition 1 — the “Equal Rights Amendment” — that will go up for a vote on Election Day, during a rally at City Hall.

“We’re going to find ourselves in the courts fighting this,” said Wai Wah Chin, past president of the Chinese American Citizens Alliance 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 disproportionately earn spots in New York City’s specialized high schools.

The NY Post quoted me extensively:

Section B of the proposed constitutional amendment states that: “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 ….”

One legal expert said that this language could open the door for the state to engage in so-called reverse discrimination against Asian or whites who are not considered protected class minorities.

“Under Paragraph B, discrimination becomes a New York State constitutional right provided the discrimination is ‘designed to prevent or dismantle discrimination,’” said Cornell University law professor William Jacobson, founder of the Equal Protection Project.

“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 would create a DEI exception to the anti-discrimination laws in New York State,” he added.

“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.”

Here is my speech at the event (sorry, there is some strange feedback resulting from us removing the wind noise).

Thank you. I am here to sound the alarm about Part B.  Part B until now has pretty much escaped public attention and media attention. My group, the Equal Protection Project, which fights racism in all of its forms, first flagged this last April.

The second I saw part B, I said, something is very wrong here because as Wei Wah pointed out, what Part B says is all of the protections we have in Part A currently against race discrimination, against color, discrimination against religious discrimination, plus all the things they want to insert into Part A no longer apply. If your motivation in the words of the, of the proposition is to prevent or dismantle discrimination. When I saw those words, I recognized immediately that what they were doing is they’re embedding concepts of critical race theory, that we are a systemically racist country and therefore you can discriminate to fight that and that that is what they’re doing.

Almost in the dark of night, they inserted and created an entirely new Part B that was never in the Constitution before. There was almost no legislative discussion about it and nobody understands what’s there.

And so that is a poison pill that has been inserted into our Constitution. There is, would be, if this passes, a New York State constitutional right to discriminate, as long as your motivation was to prevent or eliminate discrimination. It’s circular, it’s illogical, it’s pernicious, and it should not be in our Constitution, which is our highest ideal and our highest law.

Moreover, the ballot language is deceptive. So you have a poison pill inserted into the ballot and they don’t even mention Part B. I have something that’s been mailed to everybody, all voters in New York City about Proposition one, no place in there does it mention what Part B does? The ballot language does not mention it. [see image below]

I filed a complaint and objection before it was finalized with the New York State Board of Elections and said, why are you not talking about Part B? Why are you not telling voters that you are enshrining reverse discrimination into our constitution? What you are doing is deceptive. They’re doing it anyway and it’s being mailed to everybody that same deceptive language.

So what I am saying is not only do people need to vote against Proposition One because once it’s in the constitution, it’s the law of our state. It could override the New York City human rights law. It could override the New York State human rights laws, all of those administrative protections we have. You now have a constitutional right to discriminate in New York State.

So what I’m saying is, I’m sounding the alarm. I wish I had an alarm here that I could sound, but I’m sounding the alarm that people need to wake up. Do not let this happen. Do not let them pull a fast one on the citizens of the state of New York. So vote no on Proposition one, vote. Vote no.

Other media was at the event and have covered the story, including local Fox News 5:

And The City:

For instance, members of a nonprofit Equal Protection Project have argued the clause would enable discrimination against one class as long as it is for the stated purpose of ending discrimination against another class, comparing that to colleges using affirmative action discriminating against Asian Americans.

“This embeds injustice into the state Constitution, giving carte blanche for the government to discriminate against one group under the guise of “dismantling discrimination” against another,” law professor William A. Jacobson wrote, adding that “The ERA is not about equal rights, but about racial retribution.”

And local New York Chinese-language media:

• 批評者警告：公投一號恐不利亞裔 | 紐約同源會 | 平權 | 紐約州憲法 | 大紀元 (epochtimes.com)
• 同源會成員市府前集會 籲選民反對「平等保護法律修正案」 | 星島日報 (singtaousa.com)
• 憂亞裔權益受損 同源會集會抗議平等權利修正案 | 社區新聞 | 紐約 | 世界新聞網 (worldjournal.com)

There is big money and the Democrat political machine behind the measure. But there is a chance, with the right publicity and informational campaign, to defeat this disasterous constitutional amendment. We are proud to be part of the effort.

Reminder: We are a small organization going up against powerful and wealthy government and private institutions. Donations are greatly needed and appreciated.

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