Depending on your political persuasion, the single statewide proposition question you’ll be voting on in November, the so-called "Equal Rights Amendment," will either enshrine basic civil liberties like gender identity into the state’s constitution, or open the door to giving boys the constitutional right to compete in girls’ sports.
What may be disappointing for those who operate within the rigid confines of “this or that” is that no one knows for sure how state courts will interpret the amendment until after it passes. The reason? Most constitutional amendments in New York are vague enough that they need to be interpreted by subsequent legal decisions to give them any value.
Albany Law School Professor of Law J. Stephen Clark, who specializes in employment discrimination and lesbian and gay rights, joined Capital Tonight’s Susan Arbetter to explain.