NY Democrat legislators adopted a proposed constitutional amendment, called the “Equal Rights Amendment” (ERA) in July 2022. In October 2023, a NY GOP assemblywoman brought this lawsuit challenging the procedural failings of the ballot measure. The trial court agreed, thereby removing the proposed amendment from the November 2024 statewide ballot. Defendants appealed to the NY Appellate Division 4th Department; IWLC defended the trial court’s decision on appeal.
The Appellate Division unanimously overturned the lower court’s decision on June 18, 2024. The Appellate court erroneously held that the Plaintiffs were barred from bringing the lawsuit by the Statute of Limitations, claiming a 4-month Statute of Limitation was proper. The Plaintiffs’ lawsuit in essence is one of constitutional interpretation by challenging the validity of a legislative act. Such an action has a 6-year Statute of Limitations under NYS law. In their unprecedented application of the Statute of Limitations, the Appellate Court completely disregarded the law.
Plaintiffs appealed to New York’s highest court. On July 11, 2024, the NY Court of Appeals dismissed the appeal, claiming Plaintiffs have no “as of right” appeal, and further stated that “no substantial constitutional question is directly involved,” effectively declining to take up the case.
Plaintiffs filed a motion for “leave” to the Court of Appeals, essentially seeking permission to appeal to the highest court. The motion to appeal was denied on 7/31/24. The Court of Appeals gave no explanation for the denial.
The anti-woman ERA, although not constitutionally allowed to appear on the ballot, has been ushered through thanks to partisan courts. It will appear on the statewide ballot in November as Prop 1. The dangerous wording adds “gender identity” and “gender expression” to the state’s constitution, which means individuals who “identify” as women must be allowed in women-only spaces, including domestic abuse shelters, prisons, sports, locker rooms, and sororities. The language covers “all persons” which includes minor children, opening the door to legal ramifications giving the government authority over parents in medical decisions for their children.