According to the New York Constitution, lawmakers must submit proposed amendments to the attorney general for review before they can adopt the language. The attorney general must respond within 20 days of the submission, but if the attorney general does not respond in that time frame, the lawmakers can proceed without that official’s input.
Even though the lawmakers referred the language to the attorney general, the lawmakers voted on the referendum on the same day that they referred it to the attorney general. They had not received a response, nor had they waited 20 days. According to the judge’s ruling, this vote was in violation of the New York Constitution because it bypassed the proper procedure.
“The constitution is the supreme will of the people,” Doyle said in his ruling.
“This court cannot condone the actions taken by the Legislature in derogation of the expressed will of the people,” Doyle continued. “The Legislature’s vote … prior to receiving the opinion of the attorney general frustrated the deliberative process intended by the people in [the state constitution].”
New York Attorney General Letitia James said in a post on X that she intends to appeal the ruling.
“In New York, the Equal Rights Amendment was advanced to protect people’s fundamental rights like reproductive freedom and access to abortion care,” James said. “The decision to strike the ERA from the ballot in November is disappointing, and we’re appealing to defend New Yorkers’ rights.”
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