A New York judge has ruled against a request to include specific language about abortion rights in the explanation of a proposed antidiscrimination amendment to the state's constitution. The decision by Judge David A. Weinstein came in response to a lawsuit over the wording that voters will see on the ballots this November.
Democrats had pushed for the inclusion of terms like 'abortion' and 'LGBT' in the ballot language, arguing that it would clarify the purpose of the Equal Rights Amendment. Supporters of the measure believe it would safeguard abortion access by broadening the state's antidiscrimination protections.
Weinstein, however, expressed reluctance to definitively state that the amendment would protect abortion rights, citing the complexity of the language in the proposal. The proposed amendment seeks to expand the list of protected categories to include ethnicity, national origin, age, disability, and various aspects of sex and reproductive health.
The judge emphasized that the actual impact of the amendment on abortion rights is likely to be subject to future legal interpretation and court battles. He noted that it is premature for a court to predict the specific implications of the proposal before it becomes law.
While the Board of Elections had the option to provide a more interpretive summary of the amendment, it chose to stick with the technical language of the proposal. Weinstein deemed this decision as not misleading and upheld the certified language for the ballot.
Both supporters and opponents of the amendment have differing views on its potential effects. Proponents believe it could be used to challenge future abortion restrictions as discriminatory, while critics, particularly Republicans, raise concerns about transgender athlete rights and other issues.
The ruling is seen as a win for neutrality in the ballot language, with the judge ordering minor wording adjustments in the summary provided to voters. The use of 'unequal treatment' instead of 'discrimination' was among the changes mandated by the court.
With Democrats having control of the state government in New York, any significant changes to abortion laws are considered unlikely. The broader national context of abortion rights has seen increased attention following the recent Supreme Court decision on Roe v. Wade.
