A proposed amendment to New York’s constitution that would ban discrimination based on gender identity and pregnancy outcomes will not appear on the state’s November ballot due to a procedural error made by lawmakers. State Supreme Court Justice Daniel J. Doyle ruled that legislators incorrectly approved the language without obtaining a written opinion from the attorney general. The decision was a setback for Democrats who hoped the amendment would drive turnout for the 2024 election. Democrats passed the proposed constitutional amendment last year to protect individuals from discrimination based on pregnancy outcomes and gender expression.
The proposed amendment does not explicitly address abortion rights but aims to prevent discrimination against individuals who have the procedure. Although it does not explicitly mention a woman’s right to abortion, supporters believe it will effectively protect reproductive rights. Democrats in New York had hoped to use the amendment to mobilize their base around the issue of abortion access, especially in light of recent changes to federal law following the overturning of Roe v. Wade. However, the ruling to remove the amendment from the ballot dealt a blow to these efforts.
New York Attorney General Letitia James announced that her office will appeal the decision, emphasizing the importance of protecting New Yorkers’ fundamental rights, including reproductive freedom and access to abortion care. The proposed amendment sought to update the state constitution to include protections against discrimination based on a wider range of categories, such as ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy. The move to expand these protections was seen as crucial in a time when basic freedoms and rights are under threat.
As the 2024 election approaches, Republicans have started to criticize the proposed amendment’s language on gender identity and expression, particularly raising concerns about the potential impact on transgender individuals participating in sports. The lawsuit challenging the amendment was filed by Republican state Assemblywoman Marjorie Byrnes, with New York Republican Party Chairman Ed Cox welcoming the court’s ruling. Cox criticized the legislature for rushing to pass the amendment without holding hearings or consulting constitutional experts, and for falsely claiming that the amendment was necessary to protect abortion rights in the state. Despite the setback, the debate over the proposed amendment and its implications for various groups continues to be a contentious issue in New York politics.
