The Equal Rights Amendment in New York has been tossed by a judge on procedural grounds, sparking a heated debate among politicians and advocates on both sides of the issue. The controversial amendment, which was set to be on the ballot for the November elections, has been a point of contention for Republicans and opponents who argue that it was written too broadly and could infringe on parents’ rights.
The ERA was a quick response by New York Democrats to the Supreme Court’s Dobbs v. Jackson’s Women’s Health Organization decision in June 2022. However, a judge in Livingston County ruled that the legislation was fatally flawed due to a procedural mistake, as the Democrats did not wait for the attorney general’s analysis as required by the state constitution.
Opponents of the amendment, including former House Republican John Faso, praised the decision to toss the referendum, calling it a “cynical maneuver” to boost voter turnout based on a false premise that abortion is at risk. Faso argued that the ERA goes beyond guaranteeing a right to abortion and could allow minors to access gender-affirming care without parental consent.
On the other hand, advocates for the ERA, like Democrat MaryJane Shimsky, argue that the amendment is necessary to protect equality and reproductive freedom. They believe that the amendment will pass with broad popular support if it is restored to the ballot.
The ruling has sparked a promise of an appeal from Democrats, with Governor Kathy Hochul stating that the fight to protect equality and reproductive freedom will continue despite the setback. The debate over the ERA in New York is far from over, as both sides gear up for a continued battle leading up to the November elections.
