An op-ed in these pages today makes an argument against voters this November approving an amendment to the New York State Constitution called the Equal Rights Amendment. The Daily News has also published the view advocating for ratification of the amendment, which we tend to support. However, the question should not even appear on the ballot this fall because the Legislature failed to follow the Constitution’s own rules on how to proceed on an amendment.
It is very clear that the first step is for the Legislature to introduce an amendment. Step 2 is to send it to the state attorney general for a non-binding legal opinion. If the AG stalls more than 20 days or refuses to give an opinion, lawmakers are free to vote.
Two years ago, after the U.S. Supreme Court terribly knocked down Roe v. Wade, Gov. Hochul called a special session. On a single day, July 1, 2022, the Legislature introduced the ERA, referred it to AG Tish James and then voted its approval. James issued her view on July 6. Lawmakers had failed to wait and their vote is invalid.
Republican Assemblywoman Marjorie Byrnes sued and won. Yesterday, an appellate panel heard the case. The facts are undisputed. What the Legislature claims, wrongly, is that such a lawsuit, called an Article 78, should have been filed earlier. But this wasn’t an Article 78 case and it was properly done. The ruling should stand.
Albany must only amend the Constitution correctly. Maybe the ERA can be on the 2025 ballot, but not this year.
