In a major victory for equal rights, New York’s highest court has upheld the proposed Equal Rights Amendment (ERA) on its path to being added to the state constitution. The amendment would prohibit discrimination based on various characteristics, including race, color, creed or religion; ethnicity; national origin; age; disability; sex and sexual orientation.
The ruling came after a lawsuit was filed by Republican Assemblywoman Marjorie Byrnes claiming that lawmakers had made a fatal procedural error in approving the amendment. However, the appellate division judges dismissed this claim citing a legal technicality – that those who sued to block the amendment missed a deadline to bring their challenge under New York’s four-month statute of limitations.
New York Attorney General Letitia James hailed the decision as “a huge victory” for efforts to protect access to abortion and vulnerable communities from discrimination. The proposed ERA would effectively prevent someone from being discriminated against for having an abortion, without explicitly preserving a woman’s right to have one.
Opponents of the amendment proposal had raised concerns that its broad language around sexual orientation and gender could be interpreted as forcing sports leagues to allow transgender athletes to compete on female teams or weaken parents’ ability to make decisions about their children’s health care. However, supporters argue that this would not impact parent involvement in medical decisions involving minors.
The state Republican Party has vowed to appeal the decision, claiming that lawmakers violated the constitution when they adopted the proposal. Former U.S. Rep. Lee Zeldin also criticized the amendment as “left-wing lunacy” and claimed it would infringe on free speech and permit minors to change gender without parental notification or permission.
Despite these challenges, supporters of equal rights are celebrating this victory for what it represents – a crucial step towards protecting vulnerable communities from discrimination in New York. State Senate Majority Leader Andrea Stewart-Cousins praised the decision as “gratifying” and noted that the amendment will now be on the ballot in November’s election, giving all New Yorkers an opportunity to lead the nation by supporting equal rights for all.
The proposed ERA would need voter approval before becoming part of New York’s constitution. This development comes at a time when Democrats are hoping to boost voter turnout with issues related to abortion and reproductive health care.