The so-called "Equal Rights Amendment" (ERA) will return to the New York ballot in November.
Democrats initially lost when a New York State Supreme Court judge ruled on procedural grounds that they violated the constitutionally required review process, and the ERA must be removed from the ballot. Democrats immediately appealed.
The Republicans lost the next round – also on procedural grounds. The New York Court of Appeals ruled unanimously that the Republican legislators that filed suit did so well past the expiration of the statute of limitations.
It is worth noting that the New York Court of Appeals is almost exclusively Democrats with just a single republican member appointed by Democrat Governor Cuomo.
NY's Conservative Party Chairman Gerry Kassar said in a statement, "In New York State, there is no rule of law — that seems to be the attitude of today’s highly-politicized court system. Politics takes precedence over justice here."
"Last night’s Appellate Court ruling reinstating the controversial Prop One initiative to November’s ballot reeked of partisanship and was bereft of legal substance. In this land the law forgot, an appeal is expected but it's probably pre-doomed," Kassar added. "Prop One is a clear affront to individual rights, and the New York State Conservative Party will continue to fight it."
The decision by the Appellate court said, “The sole cause of action here is subject to the four-month status of limitations and is time-barred.”
Republicans may appeal the decision to New York’s top court and seek an expedited decision since Election Day is looming.
The New York Constitution already bars discrimination against people based on race, color, creed, and religion so it is unclear why the ERA is needed - other than to drive Democrat voters to the polls and sow division.
The ERA would add a whole host of additional protected categories. The ERA amendment reads, “No person shall, because of race, color, creed [or], religion, be subjected to any discrimination in his or her 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.”
Democrats say the proposed amendment to New York’s constitution is designed to prohibit discrimination based on “gender identity” and “pregnancy outcomes”, but it is clear that “abortion on demand” is under no threat in NY.
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.
The Coalition to Protect Kids-NY said on X that “the 'Parent Replacement Act' poses grave risks, disguised under the guise of an "Equal Rights Amendment."
Former U.S. Rep. Lee Zeldin, a Republican who has lobbied against the amendment, called it “left-wing lunacy” 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.,” Zeldin said on X.
The broad language regarding sexual orientation and gender could be interpreted by the courts as requiring sports leagues to permit biologically male athletes to participate on female teams. ERA could also undermine parents' authority to make decisions or even be informed of their child's gender identity inquiries or permanent medical interventions.
“Under the Act, children might be able to make major medical decisions, like transgender surgeries, without parental consent because the Act says you can't treat people differently due to their age or gender identity,” says The Coalition to Protect Kids-NY on X.
Many view the introduction of the ERA ballot measure now as a strategic effort to increase voter turnout and flip House seats in November.
Democrats in New York are implementing a strategy modeled on what Senator Chuck Schumer is doing in the US Senate by introducing a series of show votes to boost voter turnout in the upcoming November elections.