New York's highest court clears 'equal rights' proposal for ballot

(The Center Square) — A proposal that would amend New York's Constitution to protect abortion rights and "gender identity" has been cleared for the November ballot by the state's highest court.

The decision from the Court of Appeals, issued Thursday, affirms a lower court ruling from June that dismissed an appeal by Republican lawmakers, who sued to keep it off the ballot, arguing that a technical error barred Democrats from putting the question before the state's voters.

The proposed Equal Rights Amendment, which was put on the Nov. 5 ballot by the Democratic-controlled state Legislature, would codify abortion rights in the state Constitution and expand protections against discrimination based on race, religion and gender.

New Yorkers for Equal Rights, a ballot initiative committee pushing for the amendment, praised the ruling as a "victory for all New Yorkers."

“The anti-abortion minority’s cynical attempt to block this popular amendment from appearing on our ballots has once again been rejected, as expected," Sasha Ahuja, the group's campaign director, said in a statement. "Now more than ever, we need to make sure our fundamental rights and reproductive freedoms — including abortion — are protected from changing political tides."

New York's Constitution currently bans discrimination based on race, color, creed or religion. The question would ask voters if they support updating the constitution to declare that people can't be denied rights based on their "ethnicity, national origin, age, and disability" or sex, including "sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."

Democratic New York Gov. Kathy Hochul, who pushed for the amendment, said it comes in response to the "extreme" decision by the U.S. Supreme Court to overturn Roe v. Wade, which provided federal protections for abortion.

However, critics argue that the measure is too vaguely worded and could be used to block parents from having a say on whether their children undergo gender reassignment surgery while opening the door to biological males in women's sports.

The group Coalition to Protect Kids, a ballot committee formed in opposition to the referendum, says it would "strip the legal rights of parents with school-age children to know about crucially important things happening with their kids, including controversial gender transformation procedures.”

“Schools would be required to permit biological males to compete on girls’ sports teams if voters approve this amendment," the group says.

Republicans and Democrats view the proposed constitutional amendment as a way to galvanize voters in an election where they will also choose a president and decide key House races that could help determine control of Congress.

Democrats see the issue of abortion access as a wedge that could help incumbent President Joe Biden win his reelection bid in November and possibly help them take over control of the U.S. House of Representatives.

Republicans are also campaigning on the issue, arguing the amendment would allow minors to access gender-affirming health care without parental notification.