The Controversial Equal Rights Amendment Tossed in New York

The Equal Rights Amendment, which was on the ballot for the November elections in New York, has been tossed by a judge on procedural grounds. The ruling is a victory for Republicans and opponents of the bill who argue it was written too broadly and could infringe on parents’ rights in decisions regarding children receiving gender-affirming procedures.

The ERA was swiftly introduced by New York Democrats in response to the Supreme Court’s Dobbs v. Jackson’s Women’s Health Organization decision in June 2022. The amendment passed both houses of the New York legislature in a special session just one week after the Dobbs decision was made.

Advocates of the amendment claim that it aims to protect women’s right to abortion in the Empire State. However, a judge in Livingston County deemed the legislation defective due to a procedural error made during its rapid passage.

Legal Battle and Concerns

The attorney, Bobbie Anne Cox, who sued the legislature to halt the referendum criticized the lack of open debate and public hearings before its approval. According to Cox, the constitution requires any proposed amendment to be reviewed by the attorney general to ensure compliance with existing constitutional provisions. However, the Democrats did not wait for the AG’s analysis before passing the ERA.

Supreme Court Justice Daniel J. Doyle nullified the amendment, stating that bypassing the AG’s review was a violation of the constitution and potentially hazardous to citizens. Despite the setback, Democrats have vowed to appeal the decision and ensure the ERA’s place on the November ballot.

Opposing Views

Opponents of the ERA, including former House Republican John Faso, lauded the judge’s decision, labeling the amendment as a ploy to boost voter turnout under false pretenses. Faso argued that the ERA extends beyond abortion rights, potentially granting minors access to gender-affirming care without parental consent and allowing biological males to compete in girls’ sports teams.

Meanwhile, Democrat MaryJane Shimsky defended the ERA, emphasizing the need for its passage to counter the negative impacts of cultural wars and protect children from exploitation for political gain.

Reactions and Future Prospects

New York Governor Kathy Hochul condemned the judge’s ruling as an extremist stance that will not deter the fight for equality and reproductive freedom. The Coalition to Protect Kids – New York expressed concerns about the ballot proposal, warning that it could strip parents of the authority over their child’s medical decisions.

Amidst the legal battle and heated debates, the fate of the Equal Rights Amendment in New York remains uncertain. Both supporters and opponents are gearing up for a prolonged struggle as the state grapples with the complex intersection of gender rights, parental authority, and constitutional amendments.

Despite the setback faced by the ERA supporters, the fight for gender equality and reproductive rights continues in New York and across the nation.