Equal Protection Project Files Proposed Amicus Brief in New York “Equal Rights Amendment” Appeal

EPP opposes what amounts to a “DEI Amendment” to the NY State constitution put on the November ballot through a rushed process that did not follow mandatory state constitutional procedure.Constitutions — even state constitutions — are a big deal, and for that reason amending them is a big deal. If you want to amend one, therefore, you have to go through the front door. No shortcuts, regardless of how “righteous” your cause.

On May 8, 2024, the NY State Supreme Court in Livingston County , granted summary judgment throwing the ERA off the November ballot, on the ground that the proponents of the legislation did not follow the constitutionally required procedure for advancing a ballot initiative for a constitutional amendment., but the issue was simple. The drafters of the NY constitution made it difficult to advance a constitutional amendment.

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