Court Deals Another Setback to Gender Amendment Opponents
Written by Teddy on July 18, 2024
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On July 11, 2024, the New York Court of Appeals rejected an appeal filed by opponents of the so-called Equal Rights Amendment.[1] The Court’s decision makes it very likely—but not certain—that the Amendment will appear on the general election ballot this November.
In Byrnes v. The Senate of the State of New York, the plaintiffs appealed a decision from the Appellate Division, Fourth Department to the New York Court of Appeals (the state’s highest court). The plaintiffs contend that the Legislature failed to follow the appropriate constitutional mechanism in passing the Equal Rights Amendment. The Appellate Division had thrown out the plaintiffs’ legal challenge to the Equal Rights Amendment on the grounds that it was untimely. In a one-sentence ruling, the Court of Appeals stated that “‘no substantial constitutional question [was] directly involved’ in the case.” In response, the plaintiffs’ attorneys have said that they intend to use a different legal mechanism to ask the Court of Appeals to hear the case.
If approved by New York voters, the Equal Rights Amendment would ban discrimination based on “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” Because the Amendment is not directed only at the state, but also at individuals and private entities, its anti-life, pro-‘trans’ provisions could place faith-based hospitals, schools, and other nonprofits in legal jeopardy if a law is passed to govern its enforcement.
Democrats and Republicans tend to view the Equal Rights Amendment differently. Jay Jacobs, the chair of the New York State Democratic Committee, has commented: “‘Of course we support the ERA and the fight for reproductive rights. We’ll be making an unprecedented effort through our coordinated campaign to get out the vote, flip the House, and protect abortion rights in 2024.’” In contrast, New York Republican Party Chair Ed Cox has described the Amendment “‘a radical departure from common sense.’”
If the Equal Rights Amendment does appear on the general election ballot this November, Christian voters should understand the stakes. The Equal Rights Amendment would embed New York’s radical policies on abortion and gender identity within the text of the Constitution, framing any attempt to limit access to abortion or so-called “gender reassignment surgery” as a violation of constitutional rights.
The continued leadership of Asm. Marjorie Byrnes (R-Caledonia) as a plaintiff in the Equal Rights Amendment litigation is appreciated.
To view an abstract of this dangerous and wrong-headed Amendment, please click here.
[1] The Equal Rights Amendment is sometimes referred to as the Parent Replacement Act, the Gender Amendment or the Equality Amendment.
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