N.Y. Abortion Amendment Removed From Ballot Due to Ruling

A judge has ruled that New York state’s Equal Rights Amendment, which would guarantee the right to an abortion, will not be included on the ballot for this November’s election. The ruling stems from a procedural error made by lawmakers in passing the amendment.

State Supreme Court Justice Daniel J. Doyle sided with GOP Assemblymember Marjorie Byrnes and ordered the removal of the amendment from the ballot. The error was related to the timing of a review by Attorney General Letitia James, which was supposed to happen before the legislature voted on the amendment.

According to the state constitution, the legislature must send proposed constitutional amendments to the attorney general for an opinion before voting on them. In this case, the opinion was received after the amendment had already been passed. This led to Doyle’s ruling to remove it from the ballot.

Attorney Christian Browne, representing the plaintiffs, highlighted the importance of this ruling as a check on the legislature. He emphasized the need for lawmakers to follow the rules set forth in the constitution when proposing amendments.

The decision is expected to be appealed, with defendants seeking an expedited timeline to reach a resolution before the November election.

New York State Republican Party Chair Ed Cox commended Byrnes for the successful challenge while criticizing Gov. Kathy Hochul and the Democrats for rushing the amendment without proper procedures.

Hochul, on the other hand, remains committed to protecting equality and reproductive freedom, despite the setback. She expressed her anticipation of voting for the Equal Rights Amendment in November.

Advocates for the amendment criticized the ruling as unfair, pointing out that other constitutional amendments have appeared on ballots without an attorney general’s opinion first.

Lawmakers in New York moved swiftly on the abortion amendment following the recent Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which overturned the Roe v. Wade decision on abortion. The Equal Rights Amendment also includes protections against gender and gender identity discrimination.