Judge blocks abortion amendment from appearing on New York ballot

A New York judge ruled Tuesday that a proposed abortion amendment could not appear on the ballot this November, according to the Associated Press.

The New York Legislature passed the Equal Protection of Law Amendment in 2023, which prohibits discrimination based on “pregnancy outcomes” or “gender expression,” according to the AP. State Supreme Court Justice Daniel J. Doyle stated that lawmakers approved the language of the amendment before state Democratic Attorney General Letitia James was able to issue a written opinion on the proposal, and therefore determined that the amendment could not be placed on the ballot.

New York law requires that the attorney general issue a written opinion on any amendments within 20 days of the legislation being referred, according to Pace University.

The attorney general’s office did not immediately respond to the Daily Caller News Foundation’s request for comment.

The amendment does not guarantee a right to abortion, but it would prevent the state from enacting any laws that restrict access to “reproductive autonomy” or “reproductive health care,” according to the New York State Bar Association

Republican state Assemblywoman Marjorie Byrnes filed a lawsuit in October 2023, arguing that lawmakers did not follow procedure when passing the amendment, according to the Catholic News Agency.

Byrnes did not immediately respond to the DCNF’s request for comment.

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