a proposed amendment A proposal to ban discrimination based on “gender identity” and “pregnancy outcomes” in New York’s constitution will appear on the ballot in November, the state Supreme Court ruled Thursday.
The Court of Appeal’s decision upholds a lower court ruling in June that dismissed an appeal “on the grounds that there is no substantial constitutional issue of direct relevance.”
Democrats hope the ballot question will boost turnout in their favor this fall as the party pitches the “equal rights” amendment as a way to protect abortion rights.
Republicans have also begun strategizing around the proposed amendment, trying to galvanize voters to oppose the protections it could provide to transgender people.
A Republican state lawmaker filed a lawsuit to block the vote, arguing that Democrats in the legislature made a technical error in passing the amendment.
The state constitution currently prohibits discrimination on the basis of 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.
It would not explicitly protect abortion rights in New York, where access to the procedure is already considered very safe. Instead, the proposed amendment would prevent discrimination against someone for having an abortion.
The ballot question is a key part of New York Democrats’ campaign strategy. The party has tried to focus key New York House races on abortion access, warning voters that Republicans would try to restrict access to the procedure and betting that Democrats would vote to protect abortion rights after the overturning of Roe v. Wade.
Republicans, in turn, have used the proposed amendment to energize their base, with some officials arguing that it would give minors access to gender-affirming health care without parental notification. Supporters of the ballot question have said it would not affect a parent’s involvement in such medical decisions.