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NY Appellate Court Restores ERA Proposition to Ballot

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An appeals court has restored a ballot proposition for an amendment to New York State’s constitution that would enshrine access to abortion care and ban discrimination based on gender identity.

Tuesday’s ruling by the New York State Appellate Division, Fourth Judicial Department, overturns a May ruling by a State Supreme Court judge in Livingston County that struck down the Equal Rights Amendment on a procedural error by the State Legislature.

In its ruling, the appellate panel stated that those who filed suit to block the ERA from appearing on the ballot missed the deadline to bring the suit.

New York Attorney General Letitia James released the following statement after the Appellate Division, Fourth Judicial Department unanimously ruled to put the Equal Rights Amendment (ERA) back on the ballot in November 2024:

“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. 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.”

Senator Kirsten Gillibrand issued the following statement regarding the restoration of New York’s Equal Rights Amendment to the ballot:

“This is a major victory for New Yorkers who believe in reproductive freedom, privacy and bodily autonomy. I’m grateful for this correct ruling and look forward to sharing the ballot with New York’s Equal Rights Amendment this November.”

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