By Ann MacKeigan
Editor’s note: Part two in a series.
Nori McKinley, 21, was in middle school when he first encountered homophobia and discrimination because of his LGBTQ+ identity. “Growing up, I was always very feminine,” McKinley said. “I was blatantly called the ‘F’ slur, the ‘T’ slur, and a lot of that came from other kids expressing what they learned from their parents.
“In middle school, three of my classmates decided they were going to be pretty vocal about their homophobia,” McKinley continued. “They did a bunch of [stuff] behind my back, and it got sexual. They were threatening me sexually, threatening me with sexual assault.”
That was not the first time that McKinley felt discriminated against. “My first instance of racism was when I was 5 or 6 years old,” he said. “The neighborhood kids didn’t want to play with me because I was brown. People of color are intuitive to microaggressions and blatant racism, whether it be uninformed or whether they mean to cause real harm.”
McKinley is president of the Queer and Trans People of Color Coalition of Long Island, and feels personally affected by the potential outcome of the Equal Rights Amendment, which will be on the New York State ballot this November. The proposed amendment to the State Constitution would prohibit the discrimination of people based on their ethnicity, national origin, age, disability, gender, gender identity, gender expression, sexual orientation, pregnancy status or reproductive health anatomy.
Currently, the Equal Protection Clause prohibits discrimination based on race, color, creed or religion.
“It’s pretty surprising that New York hasn’t had this passed already,” McKinley commented. “New York is a central hub for diversity in America, and for them to have [this] on the voting table is a little scary.” As of February of 2023, Ballotpedia said 29 states had included equal rights provisions in varying forms in their state constitutions.
McKinley said homophobia, especially when directed against young people, is extremely isolating and can lead to feelings of loneliness. “My mom, bless her soul, was my champion,” he said. “She always had my back while I was experiencing that extreme bullying. I came home crying most days. But in most cases, people don’t have a champion to fight those battles for them.”
McKinley emphasized the importance of passing the ERA, noting, “These are things that need to be protected. They are innate to the LGBTQ+ community. It’s important to have gender-affirming care for youth. LGBTQ+ teens are at higher risk for mental health disorders, and have higher suicide rates. To take away their rights is absolutely detrimental.”
This sentiment aligns with the values of the Queer and Trans People of Color Coalition, which McKinley said include “providing a safe space and sense of community for those people, and a sense of belonging, connection and friendship.”
Meanwhile, a statement from Planned Parenthood New York reads, “The ERA is an important step toward protecting reproductive rights and access in New York following the U.S. Supreme Court’s wrongful decision to end the federal constitutional right to abortion.”
Roe v. Wade, the 1973 Supreme Court case that legalized abortions across the country, was overturned in 2022. This overturning made it so abortions are no longer protected by the U.S. Constitution, and abortion legislation laws are now decided on a state-by-state basis.
In addition to prohibiting the discrimination of minority groups in New York State, the Equal Rights Amendment would prevent the state from passing an abortion ban, as well as prosecutions because women exercise their reproductive rights. This includes access to abortions through private insurance companies. As well, the amendment would ensure miscarriages could not be criminalized.
Not all elected leaders support the new ERA. State Sen. George Borrello, a Republican representing District 57 in western New York, actively opposes the amendment, which he said he believes would weaken the authority of the state government. In a statement, he wrote, “Unfortunately, like so many pieces of legislation, it goes too far. It’s very vague, it’s very broad. In the end, my biggest concern is that it will codify late-term abortions in the New York State Constitution.”
Borrello added, “The Democrats that control state government think the rules don’t apply to them, which is why we repeatedly see them cut legal and ethical corners in order to achieve their political aims.”
In May, a Livingston County judge invalidated the proposed ERA over technical, procedural issues, forcing its removal from the ballot.
“I commend the Livingston County judge who has called out [Democratic lawmakers’] arrogant disregard for the state constitution by striking down their ERA amendment,” Borrello said shortly after.
The State Court of Appeals, New York’s highest court, recently reinstated the amendment, though, allowing it to appear on the state ballot in November, according to the Associated Press.
According to the New York State Bar Association, many of those opposed to the amendment are “concerned about implications for religious institutions and freedom of religion.” The New York Catholic Conference opposes the proposed legislation, but the amendment states that it is not intended to diminish existing protections for freedom of religion in New York. Although many conservatives are concerned about religious freedom, the Jewish Community Relations board supports passage of the ERA.
“The ideology I live by now is, I don’t let things hold me down or weigh me down,” McKinley said. “If this vote doesn’t go through, it could be very damaging and dangerous. [We] are no longer willing to hear people out. We have to be aware of where other people are coming from.”
Thoughts? Email Scott.Brinton@edu.
