New York State has filed an appeal that slammed the brakes on putting the controversial “Equal Rights Amendment (ERA)” up for a vote on this November’s ballot.
Republicans criticized the ERA as being a “Trojan horse” public referendum that keeps parents in the dark on their son or daughter engaging in a sex change operation.
Democrats claimed the Equal Rights Amendment strengthens abortion rights in New York, even though the procedure is already legal in the Empire State.
Those who fought to put the Equal Rights Amendment to be voted on by all New York voters this November lost a big court case in the New York State Supreme Court this month.
The latest loss was on procedural grounds, and New York State has officially filed an appeal to get it back on the November ballot.
Critics claim the Democrat-led Senate and Assembly abandoned the constitutional process for pushing the amendment forward and Justice Daniel Doyle ruled the ERA amendment could not appear on the 2024 ballot.
The constitution requires that the ballot language be reviewed by the New York Attorney General and that the office run by Letitia James will “render an opinion in writing to the Senate and Assembly as to the effect of such amendment” on the Constitution.
The state constitution is clear that only after the New York Attorney General sends over the official opinion, is the state legislature allowed to vote.
Assemblywoman Marjorie Byrnes's (R-133rd) led the lawsuit to remove the amendment from the ballot. The judge agreed with Byrnes’ arguments and recognized the state strayed from the constitutional process of obtaining the proper approval from the NYS Attorney General.
Doyle did not agree with the state that this was a minor issue and that the amendment should proceed to the ballot.
Judge Doyle was sharp in his opinion striking down the Equal Rights Amendment ballot measure, stating, “‘Substantial compliance’ is not compliance, and this court cannot condone actions taken by the Legislature in derogation of the expressed will of the people.”
“The constitution is the supreme will of the people,” he wrote. “Its amendment should be undertaken by strict adherence to the will of the people.”
Democrats supporting ERA claim it is about codifying abortion rights, but it is clear that “abortion on demand” is under no threat here in New York. Many see the ERA ballot measure as a democratic “Get Out the Vote (GOTV)” effort pushing turnout in their effort to flip several Congressional seats in November.
Governor Hochul dug in after the loss in court saying, "Our decades-long fight to protect equality and reproductive freedom will not be thrown off track by one extremist judge and I look forward to casting my ballot for the Equal Rights Amendment in November.”
The New York Constitution already bars discrimination against people based on race, color, creed, and religion.
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.”
Many who oppose the ERA vote believe the vagueness of the amendment language is intentional so that young kids can engage in sex change operations without notifying their parents.
Michele Sterlace, Executive Director of Feminists Choosing Life, has been clear in her view that Governor Hochul is intent on having the state intervene in parental rights when it comes to gender and social transitioning of minor children and promoting boys playing on girls' sports teams.
"The proposed so-called Equal Rights Amendment potentially provides the court system and public schools in NY with more power than parents to determine what is best for their children. The amendment threatens to deprive parents of crucial opportunities to help their own kids navigate the most difficult circumstances a minor may face; an unplanned pregnancy or gender confusion," said Sterlace.
New York Attorney General Letitia James (D), whose office is appealing the decisions, is undeterred by the Judge’s ruling.
She said, “The Equal Rights Amendment was advanced to protect people’s fundamental rights like reproductive freedom and access to abortion care. The decision to strike the ERA from the ballot in November is disappointing, and we’re appealing to defend New Yorkers’ rights,” James said in a statement.
It is expected the courts will expedite the appeal as it involves a time-sensitive process of certifying the ballot so that Suffolk County taxpayers can vote on it in November. The state Board of Elections will need to certify the ballot by early September.