A New York appellate court on June 18 overturned a lower court’s ruling that would have taken a proposed measure to make abortion a constitutional right off the November ballot.
In May, a New York Supreme Court judge blocked New York’s Equal Protection of Law Amendment, which would outlaw discrimination based on “pregnancy, pregnancy outcomes, and reproductive health care and autonomy.” Though the amendment does not mention abortion outright, many warn it will allow abortion for any reason. In that ruling, Supreme Court Justice Daniel J. Doyle declared the proposed amendment “null and void” because state lawmakers committed an error in approving the amendment’s language before the state attorney general could issue an opinion on the measure, thereby violating proper procedure.
Now, however, the appellate court has ruled unanimously that the ballot initiative can stand, because the lawmakers who challenged the procedure had done so after a four-month statute of limitations had passed.
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The court’s ruling was praised by pro-abortion state Attorney General Leticia James.
“Today’s decision to put the Equal Rights Amendment back on the ballot in November is a huge victory in our efforts to protect our basic rights and freedoms,” James said in a statement. “The ERA was advanced to protect access to abortion care, enshrine this basic right in our constitution, and protect people from discrimination. We will continue to do everything in our power to protect these rights and ensure everyone can live safely and freely in the great State of New York.”
Republican lawmakers have said they will appeal the case to the state’s highest court. “We continue to believe the legislature violated the constitution when it adopted the proposal,” David Laska, a party spokesperson, told the Associated Press Tuesday. “We will fight this proposal in the courts and, if necessary, at the ballot box.”
Unless another appeal is successful, the measure will appear before New York voters in November.
