A federal judge in New York dismissed a proposed abortion and gender identity amendment on Tuesday that was slated for the November ballot. State Supreme Court Justice Daniel Doyle ruled that the New York Legislature did not follow proper procedures outlined in the state Constitution before approving the amendment language. The measure, known as the Equal Rights Amendment, was passed by Democrats last year for the second time, but was challenged in court by Republican state Assemblywoman Marjorie Byrnes.
The amendment aimed to ensure equal protection under the law for all individuals, regardless of race, color, ethnicity, gender identity, or other factors. Critics raised concerns about the vague language of the measure, including potential implications for parental rights and gender in sports.
Chairman of the New York Republican Party, Ed Cox, praised the court’s decision, citing the lack of public input and expert consultation during the legislative process. Attorney General Letitia James plans to appeal the ruling, emphasizing the importance of protecting New Yorkers’ constitutional rights, particularly in the realm of reproductive freedom.
The ruling dealt a blow to Democrats in New York who hoped to use the amendment to mobilize voters ahead of key House races. Abortion access has been a central issue in several states leading up to the November elections. Abortion is legal up to 24 weeks of pregnancy in New York, with exceptions for cases where a woman’s health is at risk.
The case, known as Byrnes v. New York Senate, is now under appeal in the Supreme Court of the State of New York County of Livingston.
