By Dan Murphy
A proposed amendment to the New York State Constitution called the Equal Rights Amendment has divided New Yorkers as much as the upcoming Presidential election.
Specifically, the proposed amendment, which would have to be approved by the voters in a referendum in November, states:
No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, ethnicity, national origin, age, disability creed, or religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, be subjected to any discrimination in their civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state pursuant to law.
Currently, the ERA amendment will not be on the ballot in November, because NYS Supreme Court Judge Daniel Doyle ruled that the amendment was not properly presented to the NYS Attorney General based on a technicality.
The New York constitution requires that a proposed amendment must be presented to the attorney general to ensure that the proposal is not in conflict with other provisions of the constitution. NY Attorney General James is appealing Doyle’s ruling.
Westchester Democrats, and abortion rights supporters, want the ERA on the ballot and approved by the voters. Assembly member MaryJane Shimsky said, “We need the ERA now precisely because of the extremists who would scapegoat children for political gain and the dangers their culture wars are creating in our communities. New Yorkers know that we are stronger together and when we stand up for each other. Should the ERA proposition be restored to the ballot, I expect that it will pass with broad popular support.”
Andrea Miller, president of the National Institute for Reproductive Health, a national advocacy group, described the amendment as “exciting” and a “first of its kind” in how it expressly links sex discrimination and reproductive rights to LGBTQ+ rights and others.
“This would be the first time that a state constitution would explicitly name all of those as being encompassed by sex discrimination and within the context of sex discrimination,” she said.
The ERA isn’t just about a single issue,” said Emma Corbett, state director of communications for Planned Parenthood Empire State Acts. “Fewer and fewer voters are single-issue voters these days. There’s this real opportunity to codify those freedoms for New York, and I think voters are gonna respond positively to that.”
Westchester District Attorney candidate Susan Cacace said, “Access to a safe and legal abortion is a fundamental aspect of reproductive healthcare,” said Judge Cacace, a strong champion of reproductive rights. “By passing the NY ERA, we have the chance to permanently keep abortion legal in New York and protect it from the kinds of threats to these freedoms that we are seeing play out all across the country. I urge everyone who cares about access to healthcare to support the amendment.”
“Abortion is a legal right in New York and no one should feel threatened if they are attempting to seek care. If elected District Attorney, I vow to vigorously prosecute anyone who disrupts a patient’s access to abortion services,” said Cacace. “I will also work tirelessly with law enforcement to make sure that they are given all relevant and up to date information about the state and county laws protecting these rights.”
Opponents to the ERA include the Coalition to Protect Kids, who calls the ERA the Parent Replacement Act. “New York State Attorney General Letitia James is filing a Notice of Appeal to try to resurrect the Parent Replacement Act, which would, among other things, deny the parents of school-age children the right to know if their kids are undergoing gender transition treatments. The measure, Proposition One, would also give biological males a Constitutional right to compete on girls’ and women’s’ sports teams in the State of New York.
“The New York State Supreme Court was right to reject this ballot initiative. The way in which it was passed was plainly unconstitutional, as the court found. But the issue with the initiative cuts far deeper: In addition to taking away the rights of girls and women to compete in fair sports matches, and in addition to stripping New York parents of the fundamental right to protect their children from potential harm. This proposal in no way reflects the will of New Yorkers. Indeed, 66% of New Yorkers surveyed in a recent Siena College Research Institute Poll said they want girls’ and womens’ sports protected from biological males, who have clear physical advantages,” said Greg Garvey, Executive Director, Coalition to Protect Kids-NY
Democrats on the Westchester County Board of Legislators issued a statement supporting the ERA. “The Democratic Caucus of the Westchester County Board of Legislators strongly supports the New York Equal Rights Amendment and the inclusion of reproductive rights within New York State’s Constitution. We are disappointed by the recent ruling from a Supreme Court in Livingston County, which denies voters the chance to weigh in on this vital issue. We commend Attorney General Letitia James for her steadfast defense of these fundamental rights and remain confident in her ongoing advocacy for all New Yorkers.
“While our State Constitution safeguards certain rights, it currently lacks explicit protections against gender-based discrimination and other crucial classifications. This gap underscores the urgency of initiatives like the Equal Rights Amendment, especially given the US Supreme Court’s reversal of Roe v. Wade. This recent effort to remove ERA from the ballot will hopefully be reversed, but the very attempt underscores our need for this ballot measure. We call on our colleagues in government and constituents to join us in supporting these critical measures to ensure equity and justice for all individuals across our state so that New Yorkers can flip the ballot over and vote yes in November.”
