Gov. Hochul smears NY Supreme Court justice as an 'extremist' for killing radical ballot initiative



New York Democrats and other leftists unlawfully advanced a ballot measure that would enshrine the right to abortion in the New York Constitution and force the state to accommodate the worldview of radical gender ideologues.

The so-called New York Equal Protection of Law Amendment would not only have prohibited discrimination on the basis of "gender identity," "gender expression," and abortion access, but would have effectively banned future efforts by democratically elected lawmakers to pass legislation limiting access to abortions and sex change mutilations.

New York Supreme Court justice blew the measure out of the water this week, noting that Democrats originally violated the law to get the ERA on the ballot.

Among the various leftists furious over the proper application of the law was New York Gov. Kathy Hochul, who rushed to smear the judge as an "extremist."

Background

Blaze News previously reported that the ERA was introduced and ultimately passed by Democrats in both chambers of the state legislature over the course of the past two years. It would alter Article 1, Section 11 of the New York Constitution, which presently states that no person shall be subjected to any discrimination in his or her civil rights by any other person, firm, corporation, institution, or by the state on the basis of race, color, creed, or religion.

If passed, then the ERA would have barred discrimination on the basis of ethnicity, national origin, age, disability, sex, sexual orientation, "gender identity," "gender expression," pregnancy, pregnancy outcomes, and so-called reproductive health care and autonomy.

"Under the new amendment language, medical providers could be required to facilitate a child's request to make permanent, life-altering 'gender affirming' decisions," said the Coalition to Protect Kids.

New Yorkers for Equal Rights, the ballot initiative committee hyping the ERA, indicated that this one-time choice would preclude New Yorkers from correcting their mistakes on abortion and gender policy in the future with subsequent electoral choices should the "political winds shift."

NYER also indicated the success of the ERA would set the stage for winning "back the right to abortion nationally."

Planned Parenthood of Greater New York lauded the ERA as "an important step toward protecting reproductive rights and access in New York."

Democratic Sen. Kirsten Gillibrand (N.Y.), one of the ERA's champions, showed her hand to the New York Times, revealing the initiative was about maintaining and gaining power: "Having a ballot initiative in our state is going to drive voter turnout overall, which will definitely help Democrats."

On the flip side, critics noted that the ERA as written would diminish parental rights and weaken laws protecting minors from sexual abuse.

The Coalition to Protect Kids noted on its website that "[i]f entities cannot 'discriminate' based on age and gender identity or expression, under the new amendment language, medical providers could be required to facilitate a child's request to make permanent, life-altering 'gender affirming' decisions and they would not need to consult with parents."

Extra to pointing out that New York already has an equal rights amendment, the CPK suggested that the ERA, which they referred to as the "Parent Replacement Act," would enable minors to get irreversible sex-change mutilations without parental notice or consent, reported Just the News.

The state GOP indicated that the "proposed amendment would permit children to make permanent, life-altering sex change decisions without the need to consult with parents and allow biological males to compete on girls' sports teams. In addition, the proposed amendment would legalize 'reverse discrimination' programs, such as allowing payment of reparations for slavery or admissions to academic institutions based on race."

Dashing leftists' high hopes

Republican Assemblywoman Marjorie Byrnes filed a lawsuit in October against the Democratic leadership in the state legislature as well as the New York State Board of Elections, claiming the amendment process employed by the Legislature to propose the amendment was unconstitutional as it violated Article XIX of the state constitution.

New York Supreme Court Justice Daniel J. Doyle agreed in his ruling Tuesday.

"Should this Court not grant plaintiffs standing, it is likely that the actions of the Legislature in proceeding contrary to the requirements of Article XIX would be insulated from judicial review," wrote Justice Doyle. "The procedures outlined in Article XIX express the intent of the People that the Legislature receive input from the Attorney General on the impact of the proposed amendment on the Constitution's provisions, thus improving the deliberative process."

"Accordingly, this Court concludes that plaintiffs, as citizens, have standing to address the claim herein that the Legislature's passing of the Concurrent Resolution was in contravention to the procedures required by Article XIX," added Doyle.

Doyle found that the Legislature had violated the procedure required by Article XIX, as the state constitution requires the Legislature to receive an opinion about a proposed constitutional amendment before a vote. The Democratic-dominated Legislature had instead asked for an opinion then voted days before receiving that opinion.

Doyle ultimately declared the ERA "adopted in derogation of the constitutional procedures void" and removed it from the ballot.

New: The state Supreme Court in Livingston County just knocked the NY Equal Rights Amendment off the ballot in November on procedural grounds. Almost certainly will be appealed.\n\nFrom Justice Daniel Doyle's decision:
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New York GOP Chair Ed Cox said in a statement, "Once again the legislature and Gov. Hochul are found to have violated the state constitution. In their rush to pass this amendment, the legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state."

"Gov. Hochul and the legislature disrespect the people of the state when they so cavalierly adopt a constitutional change without following the explicit procedures set forth in the constitution for amendments," continued Cox. "They previously violated the constitution with the illegal gerrymander of congressional and state Senate districts. She and the legislature need to be reminded of their oaths to uphold the constitution and not to violate it."

Cox congratulated Assemblywoman Byrnes for upholding the constitution.

Leftist fury

Leftists didn't handle the news well.

Democratic Gov. Kathy Hochul stated, "At a time when Donald Trump and his anti-abortion allies in New York are trying to undermine our rights, we have the chance to show them what our state truly stands for. Our decades-long fight to protect equality and reproductive freedom will not be thrown off track by one extremist judge and I look forward to casting my ballot for the Equal Rights Amendment in November."

NYER called the successful effort to get the ERA axed a "baseless attack by the anti-abortion minority." The group said it was "confident it will be overturned on appeal."

New York Attorney General Tish James (D) said in a statement obtained by Politico, "This is a disappointing court decision, but we will appeal because New Yorkers deserve to be protected by their constitution, especially as our basic freedoms and rights are under attack."

James appears to have discounted the freedom of potential majorities of New Yorkers to enact pro-life laws.

Short-lived victory

Alvin Lui, president of the parental rights advocacy group Courage Is a Habit, suggested to Blaze News that pro-abortion radicals will eventually succeed with such measures unless action is taken at the school level and Planned Parenthood is given the boot.

"It doesn't matter who is at the helm because Planned Parenthood have fully saturated government K-12," said Alvin Lui.

"These types of amendments, even if halted or stopped now, will eventually pass," said Lui. "Pro-life groups believe that they can change hearts and minds at the ballot boxes, campaign trails, and by getting the right leaders in. It doesn't matter who is at the helm because Planned Parenthood have fully saturated government K-12."

"It isn't natural for girls to want to kill anything, much less their own unborn child. Screaming about abortion rights is a purposeful product of brainwashing at the K-12 level," continued the parental rights advocate. "So it doesn't matter what facts you show a young woman at age 18 or 23, they've already had 10+ years of abortion brainwashing."

"If pro-life groups truly want to win the abortion issue, get Planned Parenthood out of K-12 and if you let little girls grow up organically, very few women will be clamoring to end the life of their unborn child," added Lui.

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New York ballot initiative could allow kids to get sex changes without parental consent, say critics



New York Democrats and other radicals have advanced a ballot initiative that may ultimately pit the state's bill of rights against conservatives, religious residents, and others opposed to gender ideology and abortion.

The presently "vague" wording of the proposed New York Equal Protection of Law Amendment (ERA), championed by Planned Parenthood and various other leftist organizations, has some critics worried that there may be ruinous consequences besides the codification of abortion in the state constitution.

Just the News noted that some opponents have expressed concerns that the ERA might enable children to get sex changes without parental consent and altogether weaken laws that presently protect children.

The initiative

The ERA, introduced and ultimately passed by Democrats in both chambers of the state legislature over the course of the past two years, would alter Article 1, Section 11 of the New York Constitution, which presently states that no person shall be subjected to any discrimination in his or her civil rights by any other person, firm, corporation, institution, or by the state on the basis of race, color, creed, or religion.

This effort would add that New Yorkers — now to be conferred plural pronouns contra "his or her" — cannot be discriminated against on the basis of ethnicity, national origin, age, disability, sex, sexual orientation, "gender identity," "gender expression," pregnancy, pregnancy outcomes, and reproductive health care and autonomy.

The supporters

The ERA has been championed by various leftists, LGBT organizations, and pro-abortion outfits.

Sen. Kirsten Gillibrand (D-N.Y.), another supporter of the ERA, framed the initiative last year as a way of helping Democrats secure and hold onto power.

"Having a ballot initiative in our state is going to drive voter turnout overall, which will definitely help Democrats," Gillibrand told the New York Times. "The biggest reason we lost House seats was because of voter turnout."

New Yorkers for Equal Rights, the ballot initiative committee hyping the ERA, has indicated that this amendment would prevent future democratically elected officials from passing an abortion ban in the already pro-abortion state; cutting off abortion funding via Medicaid; and banning private insurance coverage of abortion.

The group made abundantly clear that this is a matter of preventing future voters from changing tack on the issue of abortion, citing former Republican Rep. Lee Zeldin's unexpectedly close gubernatorial race in 2022 as evidence of how "political winds shift."

Gov. Kathy Hochul (D) is apparently of a similar mind, having emphasized that laws can be repealed but there is "a much higher threshold to change the Constitution."

New Yorkers for Equal Rights suggested that besides precluding New Yorkers from changing their mind about having virtually unlimited abortion in the state, the ERA may also help "win back the right to abortion nationally."

The group also intimated that the amendments would hinder efforts to keep LGBT propaganda out of the classroom.

According to Planned Parenthood of Greater New York, "The ERA is an important step toward protecting reproductive rights and access in New York following the U.S. Supreme Court's wrongful decision to end the federal constitutional right to abortion, established by Roe v. Wade."

The opposition

The Coalition to Protect Kids has implored New Yorkers to vote "no" on the ERA on Nov. 5, noting that the state already has an equal rights amendment.

"This new wording might appear innocuous to the casual reader," the CPK states on its website. "But once we understand the real-life, legal ramifications of this poorly written one-size-fits-all amendment, you'll quickly understand just how absurd it is."

CPK suggested that the ERA could prove devastating for parental rights and weaken laws protecting minors from sexual abuse.

"If entities cannot 'discriminate' based on age and gender identity or expression, under the new amendment language, medical providers could be required to facilitate a child's request to make permanent, life-altering 'gender affirming' decisions and they would not need to consult with parents," wrote the CPK.

The number of children identifying as "transgender" has exploded in recent years. The vast majority of kids will outgrow this confusion. However, if parents can no longer serve as a check against the whims of their kids, which ideologues and profit-incentivized medical professionals otherwise play on, then the ERA may serve to greatly benefit the sex change regime.

CPK noted further that "laws that determine the legal age to purchase and/or consume alcohol or cannabis, determine elder abuse and statutory rape could all be weakened because they 'discriminate' based on age."

Spectrum News 1 reported that some Republicans have voiced concerns about how this may impact the rights of religious New Yorkers.

"Those of us who take our faith and our religion very seriously are very concerned about lawsuits against the church or against a certain faith or religion," said Republican Assemblyman Chris Tague.

"Unfortunately, like so many pieces of legislation, it goes too far," said state Sen. George Borrello (R). "It's very vague, it's very broad. In the end, my biggest concern is it will codify late-term abortions into the New York state constitution."

Assemblywoman Rebecca Seawright appeared to confirm Borrello's suspicion when Democrats advanced the initiative in the legislature last year, stating, "We are closer than ever to enshrining a woman's right to choose and equality protections against discriminations in the most important governing document of our state."

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