Letitia James celebrates major abortion rights win

New York Attorney General Letitia James praised a decision by state appellate judges that reinstated a proposed constitutional amendment on reproductive freedoms to the ballot in November.

The Fourth Judicial Department of the New York State Supreme Court unanimously agreed Tuesday to reverse a lower court’s decision in May that blocked the proposal, titled the Equal Rights Amendment, from appearing on the state ballot. That judge, Daniel Doyle, had ruled that state lawmakers made a procedural error when approving language for the amendment. James, a Democrat, later appealed Doyle’s ruling.

On Tuesday, the midlevel appellate judges sided with the state, ruling that the lawsuit filed to block the amendment from appearing on the ballot had missed the time frame to challenge the proposal. In their decision, the judges pointed to state law Article 78, which states that there is a statute of limitations of four months to challenge any action by the New York state government or local agencies.

“Today’s decision to put the Equal Rights Amendment back on the ballot in November is a huge victory in our efforts to protect our basic rights and freedoms,” James said in a statement shared with Newsweek. “The ERA was advanced to protect access to abortion care, enshrine this basic right in our constitution, and protect people from discrimination. We will continue to do everything in our power to protect these rights and ensure everyone can live safely and freely in the great State of New York.”

The Equal Rights Amendment, if passed, would prohibit any form of discrimination based on “pregnancy outcomes” or “gender expression.” While it does not explicitly enshrine the right to an abortion in the New York Constitution, it does protect someone from being discriminated against for having the procedure, and proponents of the measure say that it would have a practical effect on protecting reproductive rights in the state.

In New York, abortion is protected until the 24th week of pregnancy, according to James’ office. The procedure is still available after that time frame if a medical provider deems that the fetus is not viable or that the pregnant person’s life or physical health may be at risk.

GOP state Assemblywoman Marjorie Byrnes had filed the lawsuit challenging the Equal Rights Amendment. State Republicans have argued that the language in the proposal regarding sexual orientation and gender is vague and could be interpreted to allow transgender athletes to compete in sports leagues aligned with their expressed gender.

David Laska, director of communications for New York’s Republican Party, told Newsweek via email on Tuesday that the GOP continues “to believe the legislature violated the constitution when it adopted the proposal.”

“The ERA is a Trojan Horse that will permit the state to transition impressionable children without parental knowledge or consent,” Laska added. “We will fight this proposal in the courts and, if necessary, at the ballot box.”