New York Court Reinstates Equal Rights Amendment on November Ballot, Boosting Democrats’ Hopes


A New York court has ruled to place the Equal Rights Amendment, a ballot issue aimed at protecting reproductive rights and prohibiting discrimination, back on the November ballot after a judge initially struck it down in May. The move is a significant boost for Democrats, who had hoped the measure would galvanize voters in November.

The ERA, which has been advanced by state Democrats, includes language protecting reproductive rights, access to abortion care, and enshrining the right to freedom from discrimination in the New York Constitution. The measure would add a ban on discrimination based on various characteristics, including ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy.

Some Republicans have expressed opposition to the measure, citing concerns that it could be interpreted as forcing sports leagues to allow transgender athletes to compete on female teams or weakening parents’ ability to make decisions about transgender healthcare.

State Democrats celebrated the court’s decision, with Democratic state Sen. Rachel May stating that the ERA “deserves to be decided on by New York voters. And it will be.”

Fellow Democratic state Sen. Lea Webb added that she was pleased with the decision, noting that New Yorkers should have the opportunity to protect the right to abortion in the state constitution and ensure equal protection from discrimination for all.

“Today’s decision to put the Equal Rights Amendment back on the ballot in November is a huge victory in our efforts to protect our basic rights and freedoms,” New York Attorney General Letitia James said in a statement.

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