New York court puts pro-abortion amendment back on November ballot

abortion ny Pro-abortion activists gather in front of pro-life advocates outside of a Planned Parenthood clinic in downtown Manhattan on Feb. 3, 2024, in New York City. | Credit: Spencer Platt/Getty Images

A New York court ruled in favor of putting a proposed amendment to enshrine a right to abortion in the state constitution back on the Nov. 5 ballot, but Republicans plan to take the fight to appeal.

The unanimous appellate court decision on June 18 reverses a lower court ruling that would have taken the proposal off of state ballots.

Although the lower court had ruled that the state did not follow the proper procedure when approving the ballot language, the appellate court found that the lawmakers who challenged the procedure had done so after the statute of limitations had passed. For this reason, the appellate court dismissed the complaint entirely.

Republican opponents of the ballot measure intend to appeal the appellate ruling to New York’s highest court, according to the Associated Press.

“We continue to believe the Legislature violated the constitution when it adopted the proposal,” said David Laska, a party spokesperson, according to the AP report. “We will fight this proposal in the courts and, if necessary, at the ballot box.”

New York Attorney General Letitia James praised the appellate court ruling for allowing the proposal back on the ballot. 

“Today’s decision to put the Equal Rights Amendment back on the ballot in November is a huge victory in our efforts to protect our basic rights and freedoms,” James said in a statement.

“The ERA was advanced to protect access to abortion care, enshrine this basic right in our constitution, and protect people from discrimination,” James added. “We will continue to do everything in our power to protect these rights and ensure everyone can live safely and freely in the great State of New York.”

Although the proposed “Equal Rights” amendment does not use the word “abortion,” it would establish broad rights to “reproductive health care” by prohibiting any discrimination based on “pregnancy, pregnancy outcomes, and reproductive health care and autonomy.”

The text would also prohibit discrimination based on a person’s sex, sexual orientation, gender identity, and gender expression.

Constitutional amendments to establish abortion rights will also appear on the ballots in other states on Nov. 5, including Colorado and Florida.

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