The New York Equal Protection of Law Amendment is a proposed amendment to the New York Constitution that will be subject to a referendum on November 5, 2024.
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Equal Protection of Law Amendment | ||
Content
editThe amendment would ensure that no one in New York can be denied rights based on "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy".[1] Thus expanding the already existing Equal Protection Clause in the Constitution of New York which prohibits the denial of rights for a person based on "race, color, creed, or religion."[2]
History
editIn January 2017, New York Governor Andrew Cuomo called for the right to abortion to be enshrined into the New York Constitution.[3] In 2019, Cuomo called again called for a conditional amendment to protect abortion rights in the state at an event with Hillary Clinton at Barnard College, after the Democratic Party took back control of the New York State Senate in the 2018 election, and shortly before the passage of the Reproductive Health Act.[4]
On July 1, 2022, shortly after the overturning of Roe v. Wade, the New York Senate passed the resolution in favor of the amendment by a vote of 49–14, then the New York Assembly also adopted it by a vote of 98–43.[5]
On January 24, 2023, the New York Senate passed it by a vote of 43-20 and the New York Assembly passed it by a vote of 97–46, therefore allowed the referendum to take place.[1]
Legal challenges
editOn May 7, 2024, Livingston County Supreme Court justice Daniel J. Doyle ruled that the referendum cannot take place since the New York Attorney General issued an opinion of the proposed amendment after lawmakers voted on it, rather than before.[6]
New York Governor Kathy Hochul stated that referendum will still take place in November 2024.[6]
On June 18, 2024, the New York State Appellate Court put the referendum back on the ballot.[7]
Support
editThe amendment is supported by a number of Democratic politicians in the state including governor Kathy Hochul, US senator Kirsten Gillibrand and House minority leader Hakeem Jeffries. It is also supported by civil rights organizations such as the NAACP, the American Civil Liberties Union, and Planned Parenthood. Supporters argue that amendment would help protect reproductive rights and would help reduce discrimination in the state.[8]
The amendment would protect the right to abortion in the state of New York by ensuring that prohibiting abortion would be an unconstitutional form of healthcare discrimination because they would be "singling out one form of reproductive health care and not other kinds of health care", according to Cornell University constitutional law professor Michael C. Dorf.[9]
A campaign in support of the amendment tiled New Yorkers for Equal Rights was launched in June 2023.[10]
Opposition
editA number of state Republican lawmakers including state senator George Borrello and state assemblyman Christopher Tague have argued against amendment claiming that it would codify late term abortion in the state (even though abortions after the 24th week of pregnancy require a physician's approval in the state), is vary broad and vague in language and may target religious organizations.[11] The New York Catholic Conference has also expressed opposition to the amendment.[12]
An campaign in opposition to the amendment tiled The Coalition to Protect Kids-NY has led the campaign against the amendment.[13][non-primary source needed]
References
edit- ^ a b "New York Equal Protection of Law Amendment (2024)". Ballotpedia. Archived from the original on May 7, 2024. Retrieved May 7, 2024.
- ^ "Archived copy". Archived from the original on June 28, 2024. Retrieved June 28, 2024.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ Brody, Leslie (January 30, 2017). "New York Gov. Cuomo Wants to Amend State Constitution to Protect Abortion Rights". The Wall Street Journal. Archived from the original on May 8, 2024. Retrieved May 7, 2024.
- ^ Campbell, Jon. "Andrew Cuomo wants to make abortion a constitutional right in New York". Democrat and Chronicle. Archived from the original on June 30, 2024. Retrieved June 30, 2024.
- ^ Young, Shannon (July 1, 2022). "New York's abortion amendment clears first major hurdle". Politico. Archived from the original on May 7, 2024. Retrieved May 7, 2024.
- ^ a b Bragg, Chris; Smith, Rachel Holliday. "Judge Strikes Abortion Referendum From November Ballot". New York Focus. Archived from the original on May 8, 2024. Retrieved May 8, 2024.
- ^ Roy, Yancey (June 18, 2024). "NYS appellate court puts Equal Rights Amendment back on Nov. ballot". Newsday. Archived from the original on June 18, 2024. Retrieved June 18, 2024.
- ^ Rubinstein, Dana (June 29, 2023). "Democrats to Use $20 Million Equal Rights Push to Aid 2024 N.Y. House Bids". The New York Times. ISSN 0362-4331. Archived from the original on June 28, 2024. Retrieved June 28, 2024.
- ^ Izaguirre, Anthony (July 29, 2024). "In New York, a ballot referendum meant to protect abortion may not use the word 'abortion'". CityNews Toronto. Associated Press. Archived from the original on August 2, 2024. Retrieved August 2, 2024.
- ^ Reisman, Nick (June 29, 2023). "How Democrats, advocates are mobilizing for Equal Rights Amendment". spectrumlocalnews.com. Archived from the original on June 28, 2024. Retrieved June 28, 2024.
- ^ Reisman, Nick (January 24, 2023). "Equal Rights Amendment will head to New York voters next year". spectrumlocalnews.com. Archived from the original on June 28, 2024. Retrieved June 28, 2024.
- ^ Ashford, Grace (July 1, 2022). "New York Moves to Enshrine Abortion Rights in State Constitution". The New York Times. ISSN 0362-4331. Archived from the original on March 22, 2024. Retrieved June 28, 2024.
- ^ "Home". Protect Kids NY. Archived from the original on June 28, 2024. Retrieved June 28, 2024.
External links
edit- New Yorkers for Equal Rights - the coalition supporting the amendment
- The Coalition to Protect Kids-NY - the coalition opposing the amendment