PLEASE NOTE, THIS EVENT IS FOR VID MEMBERS ONLY
Hosted by Robin Yates and New Yorkers for Equal Rights. VID Members (ONLY) are welcome. May 20, @6:30pm. Please note, no charge for tickets, donations are optional. Click HERE for more details and to RSVP. Event address upon RSVP - West Village location.
BACKGROUND
The New York legislature has passed the Equal Rights Amendment (ERA) S108A for the second consecutive session, paving the way for its inclusion on the 2024 November ballot. The essentials in this long-fought-for legislation aim to prohibit discrimination by the government based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes. Critical issues such as reproductive autonomy and access to healthcare are also addressed.
NY must update the state’s constitution to protect historically marginalized groups, including women, LGBTQ+ individuals, people of color, immigrants, and those with disabilities. With the threat of federal rollbacks on rights, the ERA is crucial to ensure equality for all New Yorkers.
ERA LEGAL UPDATE
An upstate judge ruled yesterday that the ERA amendment should be removed from the ballot. (Byrne v Senate of NY, Index No. 000778-2023, Livingston County, J. Doyle). The ruling was based on an alleged flaw in the congressional passage process. The constitution says that proposed amendments should be reviewed by the attorney general for comment before a congressional vote. In this case, the proposal was voted upon the same day the legislature submitted the proposed language to the AG for review. (On July 1, 2022 - the first of two required passages, the second being in 2023). AG James sent back comments 5 days later - July 6, 2022. Republicans argued that the review must be returned before the legislature took its first vote. They say the 2022 vote was improper because the Legislature had not yet received the AG’s opinion. The court agreed and ordered removal.
State Attorney General Letitia James’ office is expected to appeal the decision, which would pause the ruling while an appeals court hears the case. There are numerous grounds for reversal. (standing, harmlessness, language that specifies that failure to render an opinion does not affect the validity of the amendment, the second vote was well after receipt, internal legislative matters are not subject to judicial review, etc.). However, it it could be a close call.
-Hon. James A. Yates (retired) and VID Executive Committee member.
WHY WE NEED THIS AMENDMENT: The ERA aims to enshrine abortion rights and other civil liberties into the state constitution. This is more critical now than ever with recent national legal developments, like an Alabama Supreme Court ruling affecting in vitro fertilization. The state's civil rights protections are at risk if these rights are not safeguarded in the state constitution, particularly in an era of evolving legal landscapes.
Beyond abortion, the ERA would protect against gender and gender identity discrimination, especially relevant amid New York's spotlight in the national discourse on transgender issues. The language includes ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care and autonomy
We must spread the word! NYers must flip their ballots in November and vote YES for the ERA. Start talking about it NOW with your friends, family, and co-workers.
Check out this video here of Liz Kruger after the second passage of the ERA, or read the press release from her office here.
Source: NYCLU, ACLU of NY