Lawsuit challenges wording of proposed NYS equal rights amendment

ALBANY — A lawsuit announced Monday seeks to revise the wording of a proposed constitutional amendment to specifically refer to abortion and gay and transgender rights.

The proposed Equal Rights Amendment, which is scheduled to go before voters in November, would add to the list of discrimination barred by the state constitution. The amendment would specifically prohibit discrimination of someone who is pregnant or had an abortion, and ban discrimination based on ethnicity, national origin, age, disability, sexual orientation, gender identity or gender expression.

The lawsuit filed late Friday in Albany County argues the wording of the proposal isn’t clear and violates the state law that requires amendments to be written in "plain language" at an eighth grade reading level. The suit is brought by two women who identify as queer and disabled, who say they support the proposed amendment, but argue the language needs to be clearer for all voters to understand.

As written and approved by the State Legislature and the bipartisan state Board of Elections, the referendum question reads: "This proposal amends Article 1, Section 11 of the New York State Constitution. It prohibits any person, business, or organization, as well as state and local governments from discrimination pursuant to law. The current protections in the Constitution cover race, color, creed, and religion. The proposal will add ethnicity, national origin, age, disability, and sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy. The amendment allows laws to prevent or undo past discrimination."

The lawsuit calls for the proposal to be ruled illegal and to be amended with recommendations from state Attorney General Letitia James, such as replacing " . . . including sexual orientation, gender identity and pregnancy. Also covers reproductive health care autonomy" with "protect pregnant and LGBT people. Protects abortion."

The state Board of Elections declined to comment. The attorney general’s office didn’t immediately respond to a request for comment.

The amendment is a reaction by the State Legislature to decisions and anticipated decisions by the conservative majority of the U.S. Supreme Court. The high court has ended the nationwide right to abortion and limited protections for lesbian, gay, bisexual, trans and queer people.

CORRECTION: A previous version of this story misstated the goals of the lawsuit. The suit calls for the proposal to be ruled illegal and to be amended with recommendations from state Attorney General Letitia James.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.