A few years ago, the Equality Act was pending in the U.S. Congress that would have harmed women’s and lesbian/gay rights by allowing gender identity to override sex based protections for women, including for lesbians. https://www.congress.gov/bill/117th-congress/house-bill/5 Feminists in Struggle called for amending the Equality Act by adopting the Feminist Amendments to the Equality Act that would make sex protections separate and distinct. Now, a New York initiative is trying to do the same thing as the Equality Act threatening the rights of women in New York in the name of equal rights for marginalized groups. New York’s Equality Act to be voted on November 5th, would, if approved, similarly erode women’s rights by conflating gender identity with sex. https://ballotpedia.org/New_York_Proposal_1,_Equal_Protection_of_Law_Amendment_(2024) Under New York’s Proposal 1, sex becomes no longer a distinct protected class under law with women entitled to sex based protections. Rather, some men , those who claim to be women, must be included.
To understand this issue better and why it is such a threat to women’s rights, we highly recommend the Thursday, October 24, edition of Joy of Resistance: Multicultural Feminist Radio at WBAI that featured esteemed women’s rights attorney Wendy Murphy being interviewed by host/producer Fran Luck, in a passionate and legally informative takedown of the New York State Equality Act (on the November 5 ballot) and how it pushes backward our chances of obtaining equal rights under the law.
This omnibus anti-discrimination legislation, which, if passed, will be permanently added to the New York State Constitution, claims to give protection to people in every possible vulnerable category, such as age, race, disability, religion, etc. However, when it comes to the category of sex, we see the following language: “or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
As Wendy points out, including “gender identity” as a sub-category of “sex” waters down the meaning of “sex” and the idea of women being a separate “sex class” worthy of our own piece of legislation — i.e., an Equal Rights Amendment, with a requirement of “strict scrutiny” (the highest level of legal commitment to monitor and enforce discrimination laws). “Gender Identity” also implicitly asserts that sex is “mutable” (change-able) and “strict scrutiny” is only granted to groups of people whose status is immutable: they cannot change their status because they are born into a particular group and will be part of it for their entire lives. (The category of race is granted strict scrutiny for this reason.) So, although “sex” is included in this omnibus “equal rights” legislation, its use for women is undercut by the inclusion of “gender identity” within the category of “sex”.
Wendy Murphy makes many other important points about how the law works and doesn’t work in regard to women in compelling and accessible (to non-lawyers) language and the strongest clearest LEGAL argument for immediately adding the 101-year-old already fully ratified Equal Rights Amendment to the U.S. Constitution that you will hear anywhere. The program contains a feminist news segment and listener call-ins at the end — including one by a FIST member! You can hear it at https://wbai.org/archive/program/episode/?id=53797.
You can help to keep this radical feminist radio program — one of the only ones on terrestrial radio — on the air by contributing in its name at https://wbai.org or by becoming a sustaining member of the station (non-commercial, alternative) for as little as $5-$10 a month. Just go to https://buddy.wbai.org. (And please don’t forget to check Joy of Resistance as your “favorite program” on the donation form.)
Below is contact information for Joy of Resistance.
Joy of Resistance: Multicultural Feminist Radio @ WBAI,
99.5 FM, NYC, airing Thursdays, 11:00 AM (Eastern)
Broadcasts to NY/NJ/Conn, streams live at https://wbai.org/listen-live/
Facebook: http://facebook.com/joyofresistance