CV NEWS FEED // A New York judge unexpectedly ruled that a proposed state constitutional amendment that would have banned discrimination based on “gender identity” or “pregnancy outcomes” cannot be on the ballot in November due to a procedural error.
According to AP News, Monroe County Supreme Court Justice Daniel Doyle ruled that lawmakers incorrectly approved the proposed amendment’s language before seeking a written opinion from the attorney general.
The amendment would have updated the New York Constitution’s nondiscrimination article, which currently bans discrimination based on race, color, creed, or religion.
The amendment would add ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy.
While the amendment would not have explicitly protected a “right to abortion,” supporters of the amendment claimed it would have the “practical effect” of protecting “reproductive rights.”
As a result of failing to follow the required procedure, the amendment cannot be placed on the November ballot.
The decision disappointed Democratic lawmakers, who were hoping that putting a politically-charged and abortion rights amendment on the ballot would increase voter turnout.
Democratic New York Attorney General Letitia James said that her office would appeal Doyle’s decision.
“The Equal Rights Amendment was advanced to protect New Yorkers’ fundamental rights, including reproductive freedom and access to abortion care,” James said, according to AP News. “This is a disappointing court decision, but we will appeal because New Yorkers deserve to be protected by their Constitution, especially as our basic freedoms and rights are under attack.”
Republicans, including Chairman of the New York Republican Party Ed Cox, welcomed the ruling, saying that the amendment would have allowed biological males identifying as females to play in girls’ and women’s sports.
“In their rush to pass this amendment, the legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state,” Cox said, according to AP News.
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