A western New York judge on Tuesday invalidated a ballot measure known as the Equal Rights Amendment, which would have codified reproductive rights and protections against other discrimination into the state constitution.
State Supreme Court Justice Daniel Doyle, a Rochester-area Republican, ruled that the state Legislature did not follow correct procedure when it passed the measure last year.
“The constitution is the supreme will of the people,” he wrote. “Its amendment must be carried out through strict adherence to the will of the people.”
The decision deals a blow to Democrats’ attempt to get the issues to voters and increase turnout in November, when New Yorkers will vote on a handful of competitive House seats that could determine control of the chamber.
New York Attorney General Letitia James (D) said her office will appeal the ruling.
“The Equal Rights Amendment was introduced to protect people’s fundamental rights, such as reproductive freedom and access to abortion care. The decision to remove the ERA from the November ballot is disappointing and we are appealing to defend the rights of New Yorkers,” James said in a statement.
State Rep. Marjorie Byrnes (R) led the lawsuit, which argued that the Democratic-dominated Legislature approved the amendment before receiving a formal opinion from the state attorney general’s office on its constitutionality.
New York requires that potential amendments be approved twice in the House, in different, separately elected legislative sessions, before being presented to voters. The AG’s opinion must be given before the process can begin.
In this case, the AG’s opinion was issued after the first vote, but before the second. But Democrats argued they substantially met the requirements and noted that previous amendments were approved through a similar process.
But Doyle said other changes were not the concern.
“‘Substantial compliance’ is not compliance, and this court cannot tolerate actions taken by the Legislature in derogation of the express will of the people,” he wrote.
State Republican Party Chairman Ed Cox applauded the decision and criticized Democrats for focusing on the abortion aspect of the amendment.
“Once again, the legislature and Governor Hochul have violated the state constitution. In its rush to pass this amendment, the legislature never held a single hearing on the proposal, never consulted outside constitutional experts, and falsely stated that this amendment was necessary to protect the right to abortion in the state,” Cox said.
The amendment would not explicitly protect abortion, but would add protections against discrimination based on pregnancy and reproductive health care.
The New York Constitution currently prohibits discrimination on the basis of race, color, creed and religion. The ERA would explicitly prohibit discrimination based on “a person’s ethnicity, national origin, age, disability and sex – including their sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care and autonomy.” ”.
Democrats have focused on providing reproductive health care in an effort to increase participation among their base. Republicans focused attacks on other provisions, including transgender health protections.
“The proposed change would allow children to make permanent, life-changing sex change decisions without the need to consult their parents, and would allow biological males to compete on women’s sports teams,” Cox said.
This story originally appeared on thehill.com read the full story
