New York’s top court allows ‘equal rights’ amendment to appear on November ballot

A proposed amendment to New York’s constitution to bar discrimination over “gender identity” and “pregnancy outcomes” will appear on the ballot this November, the state’s high court ruled Thursday.

The decision from the Court of Appeals affirms a lower court ruling from June, dismissing an appeal “upon the ground that no substantial constitutional question is directly involved.”

Democrats are hoping the ballot question will drive turnout in their favor this fall as the party frames the “equal rights” amendment as a way to protect abortion rights.

Republicans also have begun to strategize around the proposed amendment, moving to animate voters against the protections it might offer to transgender people.

A Republican state lawmaker had sued to block the ballot question, arguing that Democrats in the Legislature made a technical error when passing the amendment.

The state’s Constitution currently bans discrimination based on race, color, creed or religion. The proposed amendment would add ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and reproductive health care and autonomy.

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