In July 2022, Democrat legislators in New York quickly drafted language to enshrine gender ideology in the New York state constitution. They hoped the language would appear as a state-wide ballot measure in November. The measure would forbid discrimination on the basis of, among other things, “gender identity” and “gender expression.” Once in the state constitution, litigants are expected to use the measure to expand minor access to transgender surgical and chemical procedures without parental consent and prevent parental involvement in social transition at schools.

In October 2023, a New York assemblywoman brought this lawsuit challenging the procedural failings of the ballot measure. The New York state constitution requires that ballot language be submitted to the attorney general for an opinion, and “upon receiving” the opinion, the legislature can vote to put it on the ballot. Here, Democrats in the New York state legislature did not wait for the opinion, and immediately passed the language.

At the trial court level, the court agreed that the ballot measure was procedurally deficient and struck the language from the ballot. IWLC is defending this decision on appeal.

Legal Documents:

Complaint (October 30, 2023)
Trial court opinion (May 7, 2024)
Appellant brief (May 21, 2024)
Respondent’s Brief (June 7, 2024)