A judge ruled on Tuesday, May 7th, that a proposed amendment to New York’s constitution, aimed at prohibiting discrimination based on “gender identity” and “pregnancy outcomes,” cannot be included on the state ballot in November due to a procedural error made by legislators during the initial approval process.
New York State Supreme Court Justice Daniel J. Doyle’s decision highlighted that lawmakers had wrongly endorsed the language without obtaining a written opinion from the attorney general beforehand.
This ruling effectively removes a contentious issue from the November ballot, which Democrats had hoped would drive voter turnout.
Last year, New York Democrats passed the proposed constitutional amendment to prohibit discrimination based on “pregnancy outcomes” or “gender expression,” intending to present the change to voters in the 2024 election for final ratification.
Governor Kathy Hochul and other Democratic legislators championed this bill to constitutionally protect abortion rights in New York, a state with robust abortion access laws.
This judicial ruling is seen as a critical moment for New York Democrats, who have been rallying their base around the issue of reproductive rights, especially after the 2022 Supreme Court decision that overturned Roe v. Wade.
Attorney General Letitia James expressed her disappointment and confirmed plans to appeal the decision.
“New Yorkers deserve to be protected by their Constitution, especially as our basic freedoms and rights are under attack,” James remarked.
In a defiant response to the ruling, Governor Hochul criticized Judge Doyle, stating, “Our decades-long fight to protect equality and reproductive freedom will not be thrown off track by one extremist judge.”
Meanwhile, Senate Majority Leader Andrea Stewart-Cousins also announced intentions to appeal, citing confidence in the amendment’s validity despite procedural issues.
With the 2024 election approaching, New York Republicans have started to voice their criticism of the amendment’s wording regarding gender identity and expression. They contend that it could potentially permit transgender girls to participate in girls’ sports.
The ruling has evoked varied reactions, with opposition from figures like former Congressman Lee Zeldin and Assemblywoman Majorie Byrnes, who hailed the decision as a victory for constitutional integrity.
Ed Cox, the chairman of the New York Republican Party, in a statement, said, “In their rush to pass this amendment, the legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state.”
