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A judge in New York has stopped a crucial abortion rights amendment from going on the November ballot, due to a procedural error made by legislators. This causes a setback for Democrats focusing on abortion access in key races.
The proposed amendment also aims to prevent discrimination based on "gender identity" and "pregnancy outcomes," cannot be on the November ballot due to a procedural error made by legislators.
State Supreme Court Justice Daniel J. Doyle ruled that lawmakers didn't follow the correct steps for passing constitutional amendments, approving it before receiving an attorney general's written opinion on the language.
The Equal Protection of Law Amendment, passed by Democrats last year, aimed to prevent discrimination based on "pregnancy outcomes" or "gender expression," indirectly safeguarding abortion rights and gender-affirming care access. Although not explicitly about abortion, supporters argued it would effectively protect reproductive rights.
This decision is challenging for New York Democrats, who hoped to energize voters in crucial House races by highlighting abortion rights after the Roe v. Wade reversal.
The lawsuit was brought by Republican state assemblywoman Marjorie Byrnes, citing Democrats' failure to follow state amendment approval rules. The state attorney general's office has not yet responded.