A Panel of Appellate Judges in the Appellate Division’s Fourth Department, has Overturned a May Ruling that struck down the proposed Equal Rights Amendment (ERA) from the November Ballot.
The Trial Judge had ruled that State Officials made a “fatal procedural error” in an Initial round of Approvals for the proposed ERA, passing it too quickly without waiting for the NY. Attorney General’s required Legal Memo and Opinion.
However, the Appellate Panel cited a different Legal Technicality when Reversing the Decision.
The Judges ruled that the Individuals who Sued to Block the ERA, had Missed the Deadline to bring their Legal Challenge, as the Lawsuit was Initiated after the 4-month Statute-of-Limitations.
The Appellate Court’s ruling did Not address whether the New York Legislature had acted Outside the Constitutional Provisions, as the State’s Supreme Court had found.
The New York Constitution currently Bans Discrimination based on: Color, Creed, Race, or Religion.
The ERA would increase Banning Discrimination based on Age, Disability, Ethnicity, Gender Expression, Gender Identity, National Origin, Pregnancy, Pregnancy Outcomes, Reproductive Health Care and Autonomy, sex, and sexual Orientation.
The ERA would Not preserve the Right to have an Abortion, but would Prevent others from Discriminating against Someone for having an Abortion.
Attorney General Letitia James (D), commented that “the ERA was advanced to protect access to abortion care, enshrine this basic right in our constitution, and protect people from discrimination.”
NY Voters in the November 2024 Election, would need to Approve the ERA in Order for the Amendment to become Final.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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