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NY legislators approve the Equal Rights Amendment – again
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New York approves Equal Rights Amendment a second time; it now heads to voters in 2024

Democratic leaders cast the Equal Rights Amendment as a necessary safeguard against national political headwinds facing abortion access.

By
State Sen. Liz Kreuger wears a pink scarf to signify her support of an Equal Rights Amendment on Tuesday, Jan. 24, 2023, at the state Capitol in Albany, NY.
State Sen. Liz Kreuger wears a pink scarf to signify her support of an Equal Rights Amendment on Tuesday, Jan. 24, 2023, at the state Capitol in Albany, NY.Jim Franco/Times Union

ALBANY—Democrats in New York again have passed legislation expanding the foundation of the Equal Rights Amendment as they seek to make the state a national leader in the fight to maintain and expand reproductive rights as there are national political headwinds against abortion access.

The measure would enshrine the constitutional right to seek an abortion, as well as add several other gender and sexual identity protections.

In doing so, lawmakers are on a path to have voters decide next year whether to amend New York’s constitution to include abortion access. Voters will take up the issue during a presidential election that is expected to have reproductive rights and abortion bans in the backdrop.

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On Tuesday, activists and lawmakers slung on bright pink scarves to tout the legislation, sponsored by state Sen. Liz Krueger, a Manhattan Democrat. Democrats applauded the move as one they said will make New York a beacon for the estimated 200,000 people living in neighboring states whose closest abortion provider would be located in New York.

Speaking in support of the amendment on Tuesday, Gov. Kathy Hochul touched on her unique qualification as the first governor to have gone through a pregnancy. Along with Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl E. Heastie, both Democrats, Hochul described the push as one backed by a moral imperative to create a safe harbor for people seeking abortion care from out-of-state. 

Already, New York providers have said they are seeing women traveling across state lines to receive reproductive care, including abortions. After a June Supreme Court decision struck down the landmark Roe v. Wade court case, several states have curtailed abortion access. 

Many Republican members of the Assembly decried the legislation, calling it unnecessary given New York's history as a progressive state and noting there is no push from the right to unravel reproductive rights here. Several referenced vaccine mandates and called the measure "hypocritical." 

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"By doing this, we're opening a Pandora's box," said Assemblyman Brian Manketlow, a Wayne County Republican. 

The right to an abortion has been codified in state law since 1970, years before the Roe v. Wade court case made it a national right. But Democrats referenced the recent overturning of that decision and added that the state should lead the charge in encoding protections in the state constitution — thus making it much harder to strike down — instead of relying on the current political structure. 

"Some people think we have these protections in law, but as many of us have learned only recently, a court can come in and knock down protections we thought we’d had our whole lives," Krueger said.

The Equal Rights Amendment would also expand protections for sexual orientation, gender identity, pregnancy outcomes and reproductive health care and autonomy. 

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Under the typical process to enact a constitutional amendment, the Equal Rights Amendment is eligible to show up on voters' ballots as early as November. 

But that would mean the measure would appear in an off-year, sandwiched between a major gubernatorial race and the 2024 presidential election.
Ensuring the matter comes before voters in 2024, which is written in the legislation, is a tactical move — given recent history that likely provides a cautionary tale for Democrat-backed ballot propositions in an off-cycle election.

In 2021, voters overwhelmingly rejected ballot propositions regarding redistricting and same-day voter registration. The state Republican and Conservative parties ran aggressive campaigns against the amendments as the state Democratic Party did not counter. Off-cycle elections, when local officials are on the ballot, are known for relatively low Democratic turnout compared to presidential election years.

On Tuesday, the state Senate also voted to expand protections for health care providers who perform abortions, shielding them from extradition, arrest or legal proceedings in other states. 

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Raga Justin is an investigative reporter covering politics and policy with the Capitol Bureau, where she was previously a Hearst fellow. She is a native Texan and University of Texas at Austin graduate and has worked for the Hearst Connecticut Media Group, the Dallas Morning News in Washington, D.C., and the Texas Tribune. Send tips, feedback or rants to raga.justin@hearst.com.

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