A New York Court of Appeals ruling makes it final, the Equal Rights Amendment (ERA) will be on the ballot across New York State in November.
The South Shore Press last updated you on this issue in June when a ruling was made to allow the ERA on the ballot after a protracted legal battle in the courts. Republicans moved to appeal the June decision, but the New York Court of Appeals affirmed the lower court ruling by declining to hear the case. The court dismissed the appeal by saying “that no substantial constitutional question is directly involved."
Republican Assemblywoman Marjorie Byrnes (R-133) first sued the state on procedural grounds claiming that the state violated the constitutionally required procedure to put the ERA on the ballot. Back-and-forth court rulings culminated with the recent decision to allow the ERA on the ballot.
Democrats and Republicans both are using the ERA as a Get out the Vote (GOTV) tool in this November’s elections. The New York Constitution already bars discrimination against people based on race, color, creed, and religion. The ERA would add a host of additional protected categories including “gender identity."
Democrats are attempting to create fear and worry that abortion is in jeopardy in New York and that the ERA is a ‘must-have' to preserve women’s rights. This is even though access to abortion in New York is under no threat at all.
Republicans, on the other hand, see real danger in the ERA that seeks to bar discrimination around “gender identity." Opponents refer to it as the ‘Parent Replacement Act’ and argue that the amendment could grant the government in New York more control over children than their parents.
Former New York Congressman (R-1) Lee Zeldin said previously on X, “The Dems’ NY constitutional amendment infringing on free speech, allowing males to play in girls’ sports and use girls’ bathrooms and locker rooms, permitting minors to change gender without parental notification or permission, giving illegals the right to vote, etc.”
Many see as serious process illegalities in amending the state constitution on top of concerns for women and girls on the sports field and in the locker room.
Assemblywoman Byrnes told South Shore Press, “I am deeply disappointed in the Court of Appeal’s decision. The crux of the matter is this: the proper actions were not taken to amend our State’s Constitution. The New York State Constitution is the foundation of our state government; the bedrock upon which our legal system is based. If we aren’t following proper procedure for amending a document as important as the Constitution, what does that say about the everyday actions and decisions made by those in power in Albany?”