New York judge blocks amendment banning discrimination on gender identity and pregnancy outcomes

ALBANY, NY – A proposed amendment to the New York Constitution that prohibits discrimination based on “gender identity” and “pregnancy results” cannot appear on the statewide ballot in November because lawmakers made a procedural error during an initial round of approval. a judge ruled Tuesday.

The ruling by state Supreme Court Justice Daniel J. Doyle found that lawmakers incorrectly approved the language before obtaining a written opinion from the attorney general.

The decision removes from the November ballot a politically charged issue that both Republicans and Democrats hoped would boost turnout.

Democrats passed the proposed constitutional change last year to prevent discrimination based on “pregnancy results” or “gender expression,” putting the change to voters in the 2024 elections for final approval.

The amendment would not explicitly preserve a woman’s right to have an abortion. Instead, it would effectively prevent anyone from being discriminated against for having the procedure, although supporters have claimed it would have the practical effect of protecting reproductive rights.

The ruling is a blow to Democrats in New York, who tried to boost voter turnout by framing key House disputes around abortion access, betting that their base would be encouraged to vote to protect abortion rights after the case was overturned. Roe v. .

The New York Constitution currently prohibits discrimination on the basis of race, color, creed or religion. The proposed change would add ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy to the list.

As the 2024 elections approach, Republicans have begun openly criticizing the amendment’s language on gender identity and expression, trying to mobilize voters with warnings about how it would allow transgender girls to play girls’ sports.

Attorney General Letitia James said her office would appeal the decision.

“The Equal Rights Amendment was introduced to protect the fundamental rights of New Yorkers, including reproductive freedom and access to abortion care. This is a disappointing court ruling, but we will appeal because New Yorkers deserve to be protected by their Constitution, especially as our basic freedoms and rights are under attack,” said James, a Democrat.

The lawsuit was filed by Republican state representative Marjorie Byrnes. In a statement, Ed Cox, chairman of the New York Republican Party, applauded the decision.

“In its rush to pass this amendment, the legislature never held a single hearing on the proposal, never consulted outside constitutional experts, and falsely claimed that this amendment was necessary to protect the right to abortion in the state,” Cox said.