Letitia James\u2002<\/u><\/a>(D) said her office will appeal the ruling. <\/p>\n\n\n\n\u201cThe Equal Rights Amendment was advanced to protect people\u2019s 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\u2019re appealing to defend New Yorkers\u2019 rights,\u201d James said in a statement. <\/p>\n\n\n\n
State Assemblymember Marjorie Byrnes (R) led the lawsuit, which argued the Democratic-dominated Legislature passed the amendment before receiving a formal opinion from the state attorney general\u2019s office about its constitutionality. <\/p>\n\n\n\n
New York requires potential amendments to pass the chamber twice in different, separately elected legislative sessions before it gets put in front of voters. The attorney general\u2019s opinion is supposed to be given before that process can begin. <\/p>\n\n\n\n
In this case, the attorney general\u2019s opinion was issued after the first vote but before the second. But Democrats argued they had substantially complied with the requirements and noted previous amendments had passed by a similar process. <\/p>\n\n\n\n
But Doyle said other amendments weren\u2019t the concern. <\/p>\n\n\n\n
\u201c\u2018Substantial compliance\u2019 is not compliance, and this court cannot condone actions taken by the Legislature in derogation of the expressed will of the people,\u201d he wrote. <\/p>\n\n\n\n
State GOP Chair Ed Cox applauded the ruling and slammed Democrats for focusing on the abortion aspect of the amendment. <\/p>\n\n\n\n
\u201cOnce again the legislature and Gov. Hochul are found to have violated the state constitution. In their rush to pass this amendment, the legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state,\u201d Cox said. <\/p>\n\n\n\n
The amendment wouldn\u2019t explicitly protect abortion, but it would add protections from discrimination based on pregnancy and reproductive health care. <\/p>\n\n\n\n
The New York Constitution currently bars discrimination based on race, color, creed and religion. The ERA would explicitly prohibit discrimination based on a person\u2019s \u201cethnicity, national origin, age, disability and sex \u2014 including their sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care and autonomy.\u201d <\/p>\n\n\n\n
Democrats have focused on the reproductive health provision in an effort to drive turnout among their base. Republicans have focused attacks on the other provisions, including protections for transgender health. <\/p>\n\n\n\n
\u201cThe proposed amendment would permit children to make permanent, life-altering sex change decisions without the need to consult with parents and allow biological males to compete on girls\u2019 sports teams,\u201d Cox said. <\/p>\n\n\n\n
thehill<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"A western New York judge on Tuesday invalidated a ballot measure known as the Equal Rights Amendment (ERA) that 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 […]<\/p>\n","protected":false},"author":5,"featured_media":26963,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1152],"tags":[1307,3160,4159,1700,2798],"class_list":["post-26962","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-humanrights","tag-abortion","tag-discrimination","tag-era","tag-judge","tag-reproductive-rights"],"_links":{"self":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/26962","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26962"}],"version-history":[{"count":1,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/26962\/revisions"}],"predecessor-version":[{"id":26964,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/26962\/revisions\/26964"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/media\/26963"}],"wp:attachment":[{"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26962"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26962"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26962"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}