The measure — the Equal Rights Amendment — puts New York at the forefront of legal efforts to protect reproductive rights after the Supreme Court overturned Roe v. Wade last week, ending long-established protections against abortion. But the scope of the amendment is much wider. It prohibits the government from discriminating against anyone based on a list of qualifications, including race, ethnicity, national origin, disability, or sex — specifically by listing sexual orientation, gender identity and expression, and pregnancy on the list of protected conditions. The Assembly is expected to pass the bill, and then voters will have to approve the amendment in a referendum before it takes effect. Democrats in Albany described the amendment as a critical defense of those protected classes and a shield against potential government intrusions into contraception, consensual same-sex relationships and same-sex marriage. “We can no longer afford to play a game of risk because the right is not only going to take everything to court, it’s going to start controlling all the courts,” said Sen. Liz Krueger, an architect of the amendment. “So it’s increasingly important to enshrine things in state constitutions as well as state laws.” Timing, they said, was also important. “I think this first quote comes at a time when New Yorkers want to voice their support for abortion rights and reproductive health — as well as protecting other New Yorkers,” said Sen. Brad Hoylman, D-Manhattan, who co-sponsored the bill. . The Catholic Conference, which represents New York State’s bishops, opposed the measure: “Unfortunately, this bill reinforces the message that New York has been sending to women for some time: abortion is positive, empowering, and the key to success”. the team said in a statement. “Our elected officials should stop promoting abortion as a woman’s best and only choice and focus on real support for women, children and families.” More than a dozen states and the District of Columbia affirmed or expanded abortion rights before the Supreme Court’s ruling, while another dozen Republican-led states enacted legislation banning abortion after the ruling. In the final days of New York’s 2022 legislative session, lawmakers passed a package of bills aimed at protecting abortion seekers and providers. But after the Supreme Court ruled on abortion and concealed carry, Gov. Kathy Hotchul, D-K, ordered the Legislature back to Albany on Thursday for a special session. After a long night of negotiations, the measure passed the Senate without debate. It now heads to the Assembly, where Speaker Carl E. Heastie said Friday he expected it to pass. However, no change will happen immediately. Amending the State Constitution is a multi-year process in New York, requiring passage by two separately elected legislatures and then approval by voters in a referendum. By passing it this year, Democratic leaders hope they can win approval next year and bring it to voters in 2024, when turnout is expected to be high in a presidential election year. While Ms. Hochul has no official role in passing such an amendment, she said she supports the measure and has included the effort in campaign ads. Supporters had hoped to pass the amendment at the end of the 2022 session, which ended in early June. However, the effort was delayed when several leading religious groups, including the Catholic Conference and the Council on Jewish Community Relations, opposed the measure. At issue was whether the act of enshrining new protected classes in the State Constitution would in any way detract from existing religious protections. Early versions of the bills did not include religion or belief in the list of protected classes, although religious rights appear elsewhere in the state Constitution. Religious groups protested strongly. Marc Stern, general counsel of the American Jewish Committee, said that while he supported adding protections for transgender and reproductive rights, he thought the omission of religion from that list was unacceptable. “What they have in mind is the wedding photographer, the pastry cases,” Mr. Stern said, referring to past court cases involving businesses that refused service to gay couples. “That’s why they exclude religion and faith.” Mr. Stern said he believed lawmakers intended for same-sex couples to win those cases — which he saw as “a thumb on the scales.” By Friday, lawmakers had reached a compromise, adding religion to the list of protected classes on par with gender and race. Lawmakers said the compromise would ensure the state would have stronger protections than ever for members of protected classes and that the rights of one group would not diminish the rights of another. “This amendment is really a shield, not a sword,” Mr. Holman said. A provision that would have lowered the standard for discrimination — to include unintentional discrimination that results in “disparate impact” — was removed from the legislation, to the dismay of advocates. But a clause in the law leaves the door open for future changes. The Catholic Conference issued a statement Friday opposing the measure. Advocates, including the New York Civil Liberties Union, cheered the passage, calling it a critical first step in responding to the “existential threat” posed by the Supreme Court. “Our state constitution, if this amendment passes, will say, ‘not here in New York and not in our view.’ Our Equal Protection Clause can serve as a model,” said Lee Rowland, policy director for the New York Civil Liberties Union, adding, “This is a big win.”
