2024 New York Equal Protection of Law amendment referendum
 | ||
| ||
Equal Protection of Law Amendment | ||
| Elections in New York State |
|---|
 |
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.
Content[edit]
The 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[edit]
In 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[edit]
On 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[edit]
The 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]
A campaign in support of the amendment tiled New Yorkers for Equal Rights was launched in June 2023.[9]
Opposition[edit]
A 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.[10] The New York Catholic Conference has also expressed opposition to the amendment.[11]
An campaign in opposition to the amendment tiled The Coalition to Protect Kids-NY has led the campaign against the amendment.[12]
References[edit]
- ^ a b "New York Equal Protection of Law Amendment (2024)". Ballotpedia. Retrieved 2024-05-07.
- ^ https://legislation.nysenate.gov/pdf/bills/2023/A1283
- ^ Brody, Leslie (2017-01-30). "New York Gov. Cuomo Wants to Amend State Constitution to Protect Abortion Rights". The Wall Street Journal. Retrieved 2024-05-07.
- ^ Campbell, Jon. "Andrew Cuomo wants to make abortion a constitutional right in New York". Democrat and Chronicle. Retrieved 2024-06-30.
- ^ Young, Shannon (July 1, 2022). "New York's abortion amendment clears first major hurdle". Politico. Retrieved May 7, 2024.
- ^ a b "Judge Strikes Abortion Referendum From November Ballot". New York Focus. Retrieved 2024-05-08.
- ^ "NYS appellate court puts Equal Rights Amendment back on Nov. ballot". Newsday. 2024-06-18. Retrieved 2024-06-18.
- ^ Rubinstein, Dana (2023-06-29). "Democrats to Use $20 Million Equal Rights Push to Aid 2024 N.Y. House Bids". The New York Times. ISSN 0362-4331. Retrieved 2024-06-28.
- ^ "How Democrats, advocates are mobilizing for Equal Rights Amendment". spectrumlocalnews.com. Retrieved 2024-06-28.
- ^ "Equal Rights Amendment will head to New York voters next year". spectrumlocalnews.com. Retrieved 2024-06-28.
- ^ Ashford, Grace (2022-07-01). "New York Moves to Enshrine Abortion Rights in State Constitution". The New York Times. ISSN 0362-4331. Retrieved 2024-06-28.
- ^ "Home". Protect Kids NY. Retrieved 2024-06-28.
External links[edit]
- New Yorkers for Equal Rights - the coalition supporting the amendment
- The Coalition to Protect Kids-NY - the coalition opposing the amendment