A proposed amendment to New York’s constitution that seeks to prevent discrimination based on gender identity and pregnancy outcomes has been restored to the November election ballot by a state appeals court. The decision, made by a panel of midlevel appellate judges, overturned a previous ruling that struck down the proposed Equal Rights Amendment due to a procedural error made by state lawmakers. The amendment has been praised by Democrats for its potential to protect abortion rights but has faced criticism from Republicans for the protections it may offer to transgender individuals. This decision clears the way for a statewide referendum on the amendment in the upcoming election.
The proposed amendment aims to expand the New York Constitution’s existing protections against discrimination based on race, color, creed, or religion, to also include categories such as ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy. While the amendment does not explicitly mention preserving a woman’s right to have an abortion, it would prevent individuals from being discriminated against for undergoing the procedure. The lawsuit challenging the amendment was brought by Republican state Assemblywoman Marjorie Byrnes, who has not yet commented on the recent court decision.
Opponents of the amendment argue that its broad language around sexual orientation and gender could have unintended consequences, such as forcing sports leagues to allow transgender athletes to compete on female teams or potentially undermining parents’ rights to make decisions about transgender health care. The state Republican Party has vowed to appeal the decision to the state’s highest court, maintaining that the legislature violated the constitution when adopting the proposal. Former U.S. Rep. Lee Zeldin, a Republican who has advocated against the amendment, criticized it as “left-wing lunacy,” alleging that it could infringe on free speech and allow minors to change gender without parental notification or permission. However, supporters of the amendment assert that it would not impact parental involvement in medical decisions concerning minors.
State Senate Majority Leader Andrea Stewart-Cousins, a Democrat, expressed satisfaction with the court’s decision to dismiss the lawsuit challenging the amendment, which she described as frivolous and brought forward by Republican extremists seeking to impede equal rights in New York. She emphasized the importance of the amendment and urged New Yorkers to support it in the upcoming election, highlighting the opportunity to stand up for equal rights for all residents of the state. The amendment will be presented to voters in the 2024 election for approval, and its fate will rely on their decision. Democrats in New York are hopeful that having an issue related to abortion on the ballot will drive voter turnout. The original ruling that led to the amendment being struck down was based on the failure of lawmakers to obtain a written opinion from the attorney general before approving the language in the amendment.
