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A state court revived Democratic-led efforts to amend New York’s constitution to protect abortion and ban gender discrimination on Tuesday, allowing it to appear on the November ballot as a potentially powerful turnout booster for the party.
The 5-0 ruling by a mid-level appeals court overturned a previous May decision by a Western New York judge that booted the Equal Rights Amendment from the ballot, siding with Republicans who argued that Democratic lawmakers had improperly rushed to put the measure before voters.
Besides serving as a victory for pro-choice advocates, the decision may benefit the Democratic U.S. House candidates running in the half-dozen swing districts that could determine control of Congress this fall. But Republicans have already vowed to appeal.
New York’s constitution already bans discrimination based on race or religion; the amendment would expand that list to include sexual orientation, gender identity, gender expression, pregnancy, ethnicity, national origin, age, disability and other factors. Supporters say the measure would ensure that New York’s laws, especially those protecting abortion access, could not be easily changed if the political winds shift, pointing to the strong performance of anti-abortion Republican Lee Zeldin in the 2022 governor’s race.
In restoring the amendment to the ballot, the appellate court sided with Democrats on different procedural grounds, ruling that the Republicans who sued had filed the wrong kind of challenge and had now missed a four-month deadline to file the proper objection.
“The case will be heard in the Court of Appeals,” New York Republican Party spokesman David Laska said in a statement, referring to the state’s highest court — which has lately ruled in Democrats’ favor in some closely watched cases.
“We continue to believe the Legislature violated the constitution when it adopted the proposal,” Laska said. “We will fight this proposal in the courts and, if necessary, at the ballot box.”
Less explicitly stated, but widely understood, is the fact that the measure could also encourage Democratic-friendly voters to head to the polls in November. Leaders including Gov. Kathy Hochul and House Minority Leader Hakeem Jeffries last year announced plans to raise $20 million to promote the ballot amendment, all too mindful of voters’ surprise rejection of three election-reform measures in 2021 following muted Democratic campaigning for them.
“Since the Dobbs decision, every time that abortion rights or women’s rights have been on the ballot, they’ve generally been successful even in red states,” said Evan Stavisky, a Democratic political strategist. “It should help drive additional excitement and turnout for voters in this year’s election.”
Republicans have railed against the Equal Rights Amendment as a Democratic ploy to juice turnout. Zeldin has also argued it could be interpreted to grant more rights to transgender people, including by allowing transgender women and girls to play on women’s sports teams.
“Vote NO to this left-wing lunacy!” Zeldin wrote on X on Tuesday.
The group raising money to promote the amendment is a coalition called New Yorkers for Equal Rights, whose members include Planned Parenthood, the New York Civil Liberties Union, NAACP New York, and the labor union 1199 SEIU.
Supporters of the amendment hailed Tuesday’s ruling, including Attorney General Letitia James, who argued the case, and State Sen. Liz Krueger, one of the architects of the effort. Before going before voters, the constitutional amendment first had to be approved by the state Legislature last year.
“Now those who oppose equal rights for all New Yorkers will have to fall back on their Plan B: fearmongering,” Krueger said.
The battle over the amendment is just one of the many ways that New York’s unusual status as a general-election battleground has transformed the state’s politics this year. Anxiety over the House races is widely perceived as a contributing factor in Gov. Kathy Hochul’s stunning decision to delay congestion pricing, although she has denied any political considerations.
Nick Garber , 2024-06-19 19:20:54
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