A judge in Western New York invalidated a ballot measure called the Equal Rights Amendment that would have enshrined reproductive rights and protections against discrimination into the state constitution.
State Supreme Court Justice Daniel Doyle, a Republican from the Rochester area, ruled that the state Legislature did not follow the correct procedure when it approved the measure last year.
He wrote, “The constitution is the highest expression of the people’s will. Amendments to it should be made in strict adherence to the will of the people.”
The ruling is a setback for Democrats who wanted to bring these issues to voters and increase voter turnout in November, when New Yorkers will decide on several closely contested House seats that could determine control of the chamber.
New York Attorney General Letitia James (D) said her office plans to appeal the ruling.
In a statement, James said, “The Equal Rights Amendment was created to safeguard fundamental rights like reproductive freedom and access to abortion care. It is disappointing that the ERA has been removed from the November ballot, and we are appealing to defend the rights of New Yorkers.”
State Assemblymember Marjorie Byrnes (R) led the lawsuit, arguing that the Democratic-controlled Legislature passed the amendment before obtaining a formal opinion from the state attorney general’s office regarding its constitutionality.
New York requires potential amendments to be passed by the chamber twice in different, separately elected legislative sessions before being put before voters. The opinion of the AG is supposed to be given before this process can begin.
In this case, the AG’s opinion was issued after the first vote but before the second. However, Democrats argued that they had substantially complied with the requirements and pointed out that previous amendments had passed using a similar process.
However, Doyle stated that the issue wasn’t with other amendments.
He wrote, “‘Substantial compliance’ is not the same as compliance, and this court cannot approve actions taken by the Legislature that go against the express will of the people.”
State GOP Chairman Ed Cox praised the ruling and criticized Democrats for focusing on the abortion aspect of the amendment.
Cox said, “Once again, the legislature and Gov. Hochul are found to have violated the state constitution. In their rush to pass this amendment, the legislature never held a single hearing on the proposal, did not consult with external constitutional experts, and falsely claimed that this amendment was necessary to protect abortion rights in the state.”
The amendment wouldn’t explicitly protect abortion, but it would add protections against discrimination based on pregnancy and reproductive health care.
Currently, New York’s constitution prohibits discrimination based on race, color, creed, and religion. The ERA would explicitly prohibit discrimination based on a person’s “ethnicity, national origin, age, disability, and sex — including their sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care, and autonomy.”
Democrats are focusing on the reproductive health provision to encourage voter turnout among their supporters. Republicans are attacking the other provisions, including protections for transgender health.
Cox stated that the proposed amendment would allow children to make permanent, life-changing decisions about sex changes without consulting their parents, and would also permit biological males to compete on girls’ sports teams.
