A judge in New York rejected the Equal Rights Amendment for procedural reasons.
The lawsuit was won by Republicans and opponents of the bill who argued that it had been written too broadly. They also argued that this would infringe upon parents’ rights when children undergo gender-affirming surgeries.
New York Democrats were forced to act quickly to pass the ERA after the Supreme Court’s decision in Dobbs v. Jackson (a case involving Women’s Health Organization) was handed down on June 20, 2022. Both chambers of the New York Assembly approved the amendment in a special session a few days after the Dobbs decision.
Proponents of the amendment claim that it will protect women’s right to access abortion in New York. A Livingston County Judge discovered, however, that the measure was gravely flawed because it had been enacted in such a short time.
Anne Cox, Bobbie’s attorney, said in her lawsuit against the Legislature to stop the vote that “this constitutional amendment was proposed” when she sued the legislature for stopping the vote. No public discussion was held. “There was nothing. Not even public hearings.”
They reported it to AG the same day they cast their vote. Cox says they didn’t manage to wait a single day.
The Attorney General must ensure that any amendments made to the New York Constitution do not conflict with existing articles. The AG has 20 working days to respond.
Justice Daniel J. Doyle of the Supreme Court declared the amendment to be “null” and “void” as the Democrats had not waited for the AG review.
Cox stated that “for them to violate and want to do this in order to alter the constitution is not acceptable, it’s actually dangerous for the people. For the citizens,” Cox added.
After the ruling, Democrats promised to appeal. In a statement Governor Kathy Hochul stated, “Our decades long fight to protect reproductive freedom and equality will not be thrown out of track by one extreme judge. I look forward casting my vote for the Equal Rights Amendment this November.”
John Faso, a former Republican member of the House, is among those who oppose the plan. He was proud of his decision to call the referendum and denounced it as “a cynical move to try to increase [voter] participation based on the false premise that there is a risk to abortion.”
Faso referred to the 1970 ratification by the legislature of laws regarding abortion rights. He said that the ERA protects women’s rights to abortions, but does much more.
Faso stated that “it would give minors a right to receive so-called gender affirming care, puberty blockingers, or even surgery, without their consent, permission, or approval.”
He said that it would be possible for biological males to compete in girls’ sports teams.
In a recent statement, Greg Garvey’s executive director of the Coalition to Protect Kids-New York, an organisation “dedicated to the defeat of the Equal Rights Amendment,” claimed that “Any decent attorney will look at the Proposition One Language and say, You’ve got to Be kidding Me.”
He said, “This ballot initiative has been written in such a way that it is so broad and poorly written that it may cause irreparable damage to families and children.” This is not a soft-sounding equal right amendment. It’s the Parent Replacement Act.
MaryJane Shimsky (Democrat) of New York State Assembly responded to Shimsky’s criticism, saying: “We need the ERA right now because extremists would scapegoat kids for political gain, and their culture wars create dangers in our communities.”
Shimsky said, “New Yorkers understand that we are stronger when we stand together and fight for one another.” If the ERA proposal is restored to the ballot I expect it will be passed with wide popular support.
