The controversial Equal Rights Amendment, which was on the New York state ballot in November’s election, has been struck down by a judge on procedural grounds.
The ruling is a victory for Republicans and opponents of the bill, who say the bill is too broad and could trample on parental rights over decisions such as whether their children undergo gender reassignment surgery.
The ERA was New York State Democrats’ swift response to the Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling in June 2022. The amendment passed both houses of the New York State Legislature in a special session just one week after the Dobbs ruling was handed down.
The amendment, which supporters say is intended to guarantee women’s right to abortion in New York state, was passed so quickly that a Livingston County judge found the law fatally flawed by a procedural error.
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New York Governor Kathy Hawkle (AP Photo/Hans Pennink/File)
“They introduced a constitutional amendment. There was no public debate, no public hearings, nothing,” said Bobbie Ann Cox, a lawyer who sued the Legislature to block the referendum.
“They referred it to the attorney general that day and voted on it that same day. They didn’t wait a day,” Cox continued.
The New York State Constitution requires that proposed amendments must be submitted to the Attorney General to ensure they do not conflict with other provisions of the Constitution. The Attorney General must respond within 20 days.
New York State Capitol (AP Photo/Hans Pennink/File)
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Supreme Court Justice Daniel J. Doyle declared the amendment “void” because Democrats did not wait for the attorney general’s analysis.
“It’s unacceptable that they would want to do that to violate the Constitution and to change the Constitution. In fact, it’s dangerous for the people, it’s dangerous for the citizens,” Cox said.
In response to the ruling, Democrats promised to appeal, and Gov. Kathy Hawkle said in a statement, “Our decades-long fight to protect equality and reproductive freedom will not be derailed by one extremist judge. I look forward to voting on the Equal Rights Amendment in November.”
The New York Coalition to Protect Children says a forthcoming ballot proposition would ban parents from approving their children’s sex-reassignment surgery. (United Nations to Protect Children – New York)
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Opponents of the amendment include former House Republican John Faso, who praised the decision to throw out the referendum and called the amendment a “cynical ploy to boost partisanship.” [voter] Voter turnout is based on the false premise that abortion is at risk.”
Faso noted that Congress adopted abortion rights legislation in 1970 and said the ERA does more than guarantee the right to an abortion.
“For example, it would give minors the right to receive so-called gender reassignment treatments, puberty suppressants and even surgery without parental permission or consent,” Faso said.
“For example, it could be said that a biological male could compete on a women’s sports team,” he added.
“Any decent lawyer would take one look at the language of Proposition 1 and say, ‘You’ve got to be kidding me,'” Greg Garvey, executive director of the New York Coalition to Protect Children, a group “dedicated to repealing the Equal Rights Amendment,” said in a statement to Fox News Digital.
“This ballot measure is so broad and poorly written that it could cause irreparable harm to children and families,” he continued. “This is not a soft-sounding Equal Rights Amendment, it’s a parent replacement bill.”
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New York State Assemblywoman Mary Jane Simsky, a Democrat and sponsor of the referendum, pushed back against criticism from opponents, saying, “We need the ERA now because of the extremists who scapegoat children for political gain and the danger their culture wars are creating in our communities.”
“New Yorkers know that we are stronger when we come together and stand up for one another,” Simsky continued. “If Proposition ERA were to come back to the ballot, I am hopeful it will pass with broad public support.”
New York State Senate leadership did not respond to Fox Digital’s request for comment.
