Amendment to the New York State Constitution protecting abortion and other rights, which was originally halted by a lower court judge, has been ruled to be restored on the ballot for November following an appeal by the State Supreme Court Appellate Division.
In a ruling on May 7 by Judge Daniel J. Doyle of the Livingston County State Supreme Court, the public referendum proposal for the “Equal Rights Amendment” formulated by the state legislature was hastily passed before the state attorney general submitted a written opinion, violating proper procedures as outlined in the state constitution, and therefore was not allowed to be included on the November ballot.
However, on June 18, the Fourth Judicial Department of the Appellate Division cited another procedural rule, indicating that the Republican plaintiffs in the case failed to file a lawsuit within the required four-month deadline, thus ruling that the referendum can be placed on the November ballot.
In response to the Appellate Division’s ruling, State Attorney General Letitia James issued a statement declaring it a major victory for the state’s efforts to protect abortion rights and prevent discrimination against vulnerable groups. U.S. Senator Kirsten Gillibrand urged voters to actively participate in the November election. Former Republican Congressman Lee Zeldin criticized the ruling on social media platform X, claiming that the referendum violates freedom of speech and allows minors to undergo gender reassignment without parental consent. Republican spokesperson David Laska stated that they will appeal the decision and urged voters to strongly oppose it through the ballot.
Since the U.S. Supreme Court overturned the landmark Roe v. Wade decision in 2022, sparking intense debates over abortion rights across the country, many states have proposed abortion rights referendum proposals. New York has long allowed abortion, so this proposal does not explicitly mention protecting women’s abortion rights, but rather aims to prevent discrimination against women due to abortion.
The New York State Constitution currently prohibits discrimination based on race, color, religion, or faith. This referendum proposal further includes banning discrimination based on ethnicity, nationality, age, disability, gender, sexual orientation, gender identity, pregnancy, and reproductive autonomy. The Democratic Party hopes to boost voter turnout through the abortion rights referendum to benefit their prospects in the congressional House elections. On the other hand, Republicans are making every effort to block the referendum to avoid any impact on the election.