Equal Rights Amendment in NY must be deleted from the ballot due to error: Rochester judge
A Rochester-based judge has ruled that the state's Equal Rights Amendment must be stricken from the November ballot because, he determined, the state Legislature sidestepped a constitutionally mandated process to get the amendment to a vote.
State Supreme Court Justice Daniel Doyle agreed with Republican Assemblywoman Marjorie Byrnes, of Livingston County, who contended in a lawsuit along with others that the legislature's process for approval of the proposed amendment violated the state constitution.
The ruling sparked quick response from abortion rights activists and Democratic lawmakers, who have framed the amendment as a bulwark of protection for abortion rights and gender identity.
"Our decades-long fight to protect equality and reproductive freedom will not be thrown off track by one extremist judge and I look forward to casting my ballot for the Equal Rights Amendment in November," Gov. Kathy Hochul said in a statement.
The proposed amendment would add to those constitutionally protected from discrimination. Among the additions would be prohibitions of discrimination grounded in ethnicity, national origin, age, disability, sexual orientation, gender identity or pregnancy outcomes.
The latter was considered a constitutional protection of abortion rights, even if not definitively stated that way.
Doyle's decision was not based on the content of the amendment, but instead on the legislative process.
The state constitution dictates that the legislature receive an opinion about a proposed constitutional amendment before a vote, he ruled. The legislature asked for an opinion, then voted to approve the amendment before an opinion validating the amendment was received days later.
Doyle ruled that the approval violated the constitutional process that a proposed amendment must travel.
Supporters of the amendment have argued that the legislature adhered to a practice that has been permissible before.
“More than a dozen constitutional amendments have proceeded in this exact manner in the last 50 years — and all made it on the ballot," said Andrew Taverrite, a spokesman for New Yorkers for Equal Rights, which has lobbied for the amendment. "This ruling is nothing but a baseless attack by the anti-abortion minority, and we are confident it will be overturned on appeal."
In his ruling, Doyle interpreted much of the history differently. To allow the amendment to go forward would "render the Attorney General's duty to submit an opinion meaningless as the Legislature could act on the proposed amendment at any time, as they did here," Doyle wrote.
Ed Cox, the chairman of the state's Republican Party, applauded the decision.
“In their rush to pass this amendment, the Legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state," he said in a statement.
This article originally appeared on Rochester Democrat and Chronicle: Mistake? NY Equal Rights Amendment must be cut from the ballot: Ruling
