New York abortion rights amendment canceled on November ballot

A New York judge on Tuesday blocked a politically important abortion rights amendment from being put before voters on the November ballot, dealing a setback to Democrats as the party moved to concentrate races on the battleground in the state over access to abortion.

State Supreme Court Justice Daniel J. Doyle ruled that state lawmakers failed to follow procedural rules regarding the adoption of constitutional amendments, improperly approving the amendment before ‘have obtained a written opinion on the language of the Attorney General.

Democrats passed the Equal Protection Act amendment last year to ban discrimination based on “pregnancy outcome” or “gender expression” — provisions intended to protect the right to abortion and a person’s right to seek gender-affirming care. The amendment would not explicitly preserve a woman’s right to have an abortion, but its supporters said it would have the practical effect of protecting reproductive rights.

The decision is a blow to New York Democrats who sought to boost voter turnout by framing key House races around abortion access, betting their base would be encouraged to vote to protect the right on abortion after the overturning of Roe v. Wade. .

The lawsuit was filed by Republican Rep. Marjorie Byrnes, who said Democrats failed to follow state rules for approving a constitutional amendment.

“The Equal Rights Amendment was proposed to protect the fundamental rights of New Yorkers, including reproductive freedom and access to abortion care. This is a disappointing court decision, but we will appeal because New Yorkers deserve to be protected by their Constitution, especially as our fundamental rights and freedoms are under attack,” said the Attorney General of the State, Letitia James, in a press release.