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Moment for Abortion Laws in New York
In a significant move, New York’s voters will decide in November next year whether to incorporate abortion rights into their state constitution. This decision emerges amidst numerous states seeking to amend their constitutions to enhance abortion access, a trend accelerated by the 2022 reversal of Roe v. Wade. This landmark decision previously established abortion as a constitutional right in the U.S. Following Ohio’s example, where a constitutional right to abortion was recently established through a voter-approved amendment, New York is now on a similar path.
The proposed amendment, known as the “Equal Rights Amendment,” seeks to modify the state constitution’s civil rights section. It aims to outlaw discrimination based on pregnancy, pregnancy outcomes, reproductive health care, and autonomy. This amendment extends to prohibit discrimination related to ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, and gender expression.
Critics, like Michele Sterlace, the executive director of Feminists Choosing Life of New York, argue that this amendment could prevent future pro-life legislation, including mandatory waiting periods or compulsory ultrasounds before chemical abortions. Sterlace emphasizes that the amendment could enable unrestricted abortion in New York, potentially impacting parental rights and allowing minors to undergo transgender medical treatments without parental consent.
For the amendment to become part of the constitution, it must receive approval in both houses of the state Legislature twice, which it did in 2022 and 2023. Following this, a simple majority in the New Yorker’s vote would be sufficient for its passage. However, Republican Assemblywoman Marjorie Byrnes has initiated a lawsuit against the state Senate and board of elections, alleging procedural misconduct in the amendment’s passage in 2022.
New York’s current abortion laws allow procedures up to nine months under specific conditions, including non-viability of the fetus or necessity to protect the patient’s life or health. The state does not require parental notification for minors seeking an abortion.
In response to this proposed amendment, various groups and prominent Democrats have united under the coalition “New Yorkers for Equal Rights.” This coalition, which includes several influential organizations and politicians, has initiated a substantial campaign to support the ballot initiative. They aim to engage a diverse voter base, focusing on independents, moderates, liberals, women, and voters of color in key districts.
Despite New York’s reputation as a liberal state and an abortion safe haven, the close gubernatorial race in 2022 indicated nuanced views among the state’s population. The Marist Poll of 2019 revealed that a significant portion of New Yorkers, across various political affiliations, supports restricting abortion to the first trimester, especially in the third trimester.
In light of Roe v. Wade’s fall, states with “trigger laws” restricting abortion have seen efforts to reverse these restrictions and expand abortion access. Pro-life organizations, acknowledging these challenges, are mobilizing to oppose the abortion industry’s influence and advocate for support measures for women, children, and families.
As New York approaches this critical vote, the state stands at a crossroads, with the potential amendment shaping the future of abortion laws and rights. This development is not only pivotal for New York but also indicative of broader national trends and sentiments regarding abortion rights and legislation.
