In New York, a constitutional amendment needs to be passed in both chambers of the state legislature during two consecutive sessions to be referred to the ballot. A resolution to amend the state constitution was passed by the full state legislative body in 2022 and again in 2023 and was set to go to the voters on the 2024 November ballot.
The proposal would amend the New York constitution to prohibit the denial of rights to an individual based on their ethnicity, national origin, age, disability, as well as their sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy. The current language of the Equal Protection Clause in the New York constitution prohibits the denial of rights to a person based on “race, color, creed, or religion.”
According to a New York government website, “Abortion access is available for New Yorkers and for those coming from outside of New York State. In New York, you can get an abortion up to and including 24 weeks of pregnancy. After 24 weeks, you can still get an abortion if your health or pregnancy is at risk.”
On May 7, 2024, a ruling came down from a New York State Supreme Court judge that the multifaceted measure cannot appear on the ballot this November due to a procedural error. According to Associated Press, State Supreme Court Justice Daniel J. Doyle “found lawmakers incorrectly approved the language before getting a written opinion from the attorney general,” therefore determining that the proposed amendment could not be placed on the ballot.
That decision was then overturned by the New York State Appellate Division, Fourth Judicial Department. On June 18, the state appellate court reversed the lower court and restored the amendment to the November ballot.
On July 29, the state Board of Elections held a meeting to determine how the explanatory statement about the amendment should be written on the ballot. There was discussion whether to explicitly mention the word “abortion” or not, since the vague language of the amendment itself never uses the term. The board decided against using the term, preferring instead to base its explanation on the actual wording of the measure. Statements were issued from both political parties about the legal application of the amendment regarding abortion limits (if any), LGBT coverage, trans athletes, etc.
Visit the NY Catholic Conference for the bishops’ statement and for information on helping moms in need. For information on how this challenges parental rights, particularly when it comes to gender transitions, see https://www.protectkidsny.com/
