Guarantee
Protections
For All

FAQ

Why is it important to update the ERA now?

At a moment in time when policy makers and courts are narrowing and rescinding rights, New York is leading by clarifying and expanding rights. These legal protections go above and beyond the protections of the federal constitution, and insulate New Yorkers from state political winds that seek to eliminate or narrow existing legal protections.

Abortion is legal in New York—why do we need to add it to the constitution?

Abortion is legal in New York, and we must ensure it stays that way. Embedding these protections within our state constitution insulates us from the political winds that seek to ban, eliminate or reduce access to abortion care through changes to the state law.

How will the ERA protect New Yorkers' right to abortion?

Neither the federal Constitution nor New York State’s Constitution currently explicitly protect against discrimination based on a person’s pregnancy, pregnancy outcome, access to reproductive healthcare and reproductive autonomy. Further, increasingly across the country in virtually every state, including New York, women face criminal and civil consequences for their pregnancy outcomes, including miscarriages. The ERA would explicitly prohibit discrimination by the government based on pregnancy and pregnancy outcomes. It would also protect against any government actions that would curtail a person’s reproductive autonomy or their access to reproductive health care. For example, the ERA would ensure the State could not pass a state abortion ban, stop state funding for abortion via Medicaid, ban private insurance coverage of abortion, prosecute or criminalize miscarriage, or add medically unnecessary burdens on patients or facilities.

How else will the ERA protect New Yorkers' rights, beyond reproductive autonomy and pregnancy?

The ERA would explicitly prohibit discrimination by the government based on a person’s ethnicity, national origin, age, disability, and sex—including their sexual orientation, gender identity, and gender expression—in addition to pregnancy, pregnancy outcomes, reproductive health care and autonomy. For example, the ERA would prohibit any attempt by lawmakers to exclude gay people from our public school curriculum, or politicians from putting in place barriers to voting that make it difficult for older adults or those with disabilities to vote.

Aren't these protections already state law?

Enshrining these protections in our state constitution is critical for two reasons. First, our rights need to be as strong as possible. And that means that our state laws aren’t enough. While New York has strong laws protecting equal rights, access often depends on our state officials standing behind those laws. This may not always be the case should political winds shift. A right that is enshrined in the state constitution is insulated from political attacks. Just last year, Lee Zeldin, a staunchly anti-abortion politician, came within six percentage points of winning a Gubernatorial election. In the State legislature, pro-choice leaders have only controlled both chambers for eight of the past 58 years. In fact, It was only in 2019 that New York finally removed abortion from the homicide code and began to regulate it under the health law. Second, we are expanding the protections of the state constitution (and in some instances our statutory law) to new classes, such as pregnant people, and ensuring that these protections are grounded in equality. That recognizes the ways in which our status and identities can impact our ability to participate equally in society as well as providing the strongest basis for protecting our rights.

Aren't these protections already covered in our constitution?

New York’s state constitution only explicitly protects against racial and religious discrimination, and our highest court has said that our state constitution’s protections only go as far as the federal constitution. The federal constitution has not only been interpreted narrowly to exclude protections for such things as pregnancy, but in this moment we are seeing the Supreme Court rescinding rights that people have relied upon for decades. It is critical that New York clarify that our state constitution broadly protects against discrimination, and recognizes what so many of us know to be true: these rights are about equality.

How do we add the ERA to the state constitution?

New York State Constitutional amendments must pass in two consecutive legislative terms and then approved by voters in a ballot referendum. The ERA was voted on by the New York Legislature on July 1, 2022, in a special session, following the Dobbs v. JWHO decision that overturned Roe v. Wade, and again on January 24, 2023, to mark the 50th anniversary of that landmark decision. New Yorkers will have the opportunity to vote on the Amendment in 2024. If voters approve it, the ERA will be added to New York’s State constitution.

How does an ERA in New York help the effort win back the right to abortion nationally?

New York is leading a trend of states aiming to amend their constitution to protect citizens more robustly through state ERAs. Already, advocates or legislatures in five states are considering either amending their state constitutions to include expansive ERAs, or directly protecting reproductive rights in their constitutions. New York's ERA, if passed in 2024, would serve as a model for how these rights can be realized and delivered on the ground. Additionally, New York’s State’s expansive state ERA could help lead the conversation on how a federal ERA would be interpreted, if a federal amendment is passed.