A legal battle has erupted in New York over a proposed constitutional amendment aimed at safeguarding abortion rights without explicitly mentioning the term “abortion” in the ballot question explanation. Democrats hope this amendment will drive voter turnout in the upcoming elections in the state.
The state Board of Elections has chosen to use the technical language of the amendment verbatim in the voter explanation, prompting Democrats to file a lawsuit challenging this decision in the Albany state Supreme Court. They argue that the omission of clear language violates a state law requiring ballot questions to be written in easily understandable terms.
The proposed Equal Rights Amendment includes provisions related to discrimination based on various factors, including “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy”, encompassing the abortion issue indirectly. Democrats passed this amendment last year, intending to protect abortion rights under the guise of anti-discrimination laws.
Republicans, on the other hand, contend that the amendment could offer new protections for transgender athletes and have differing views on how the ballot question should be presented to voters. Democrats have pushed for explicit inclusion of terms like “abortion” and “LGBT” in the ballot explanation for clarity.
The dispute within the Board of Elections reflects a broader partisan divide on the issue, with Democratic members supporting changes to the language while Republicans advocating to maintain the current explanation. The timing of a court decision on this matter remains uncertain.
New York currently permits abortion until fetal viability, typically around 24 to 26 weeks of pregnancy, with minimal likelihood of new abortion restrictions due to Democratic dominance in state government. Democrats in several states have placed abortion-related questions on ballots this year to mobilize voters following changes in federal abortion laws, reflecting broad public support for abortion rights as indicated by recent polls.
