Case Summary
LWVNYS filed an amicus brief in a state appellate court asking it to reverse a trial court’s removal of the New York Equal Rights Amendment from the November 2024 ballot. The trial court’s ruling declared that the legislature had violated procedural requirements when it passed the amendment without waiting for the attorney general’s opinion. LWVNYS asked the court to allow the amendment to remain on the November 2024 general election ballot for voters to decide upon.
In July 2022, the New York State Legislature adopted a concurrent resolution to amend the constitution with the New York State Equal Rights Amendment (ERA). The amendment would add protections to the State Constitution, forbidding discrimination based on ethnicity; national origin; age; disability; creed; religion; or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy.
Under New York’s State Constitution, constitutional amendments must be referred to the attorney general who must give an opinion in writing on the amendment within 20 days. However, on the same day the concurrent resolution was sent to the attorney general, the legislature voted to adopt it without waiting for the opinion from the attorney general. The State Constitution also provides that the attorney general’s failure to render an opinion on a proposed amendment or failure to timely provide an opinion does not affect the validity of a proposed amendment.
On October 30, 2023, the plaintiffs, including Republican state assembly member Marjorie Byrnes, filed a lawsuit in the state trial court in Livingston County. They requested the court to declare the legislature violated the State Constitution when it adopted the concurrent resolution. To remedy this violation, plaintiffs also sought an order removing the proposed ERA from the November 2024 general election ballot.
On May 7, 2024, the trial court held that the legislature violated the procedure required by the New York State Constitution when it adopted the concurrent resolution without the attorney general’s opinion. It declared the concurrent resolution null and void and ruled it must be removed from the November 2024 general election ballot. The state legislature appealed the decision.
On June 2, 2024, the League of Women Voters of New York State (LWVNYS) filed a proposed amicus brief with the Appellate Division, Fourth Judicial Department urging the court to reverse the lower court’s judgment and keep the constitutional amendment on the November 2024 ballot. The brief argued that plaintiffs waited too long to file suit, and that removing the amendment from the ballot would prejudice voters by denying them the opportunity to expand legal protections. The brief also argued removing the amendment would impair the work of voter education organizations like the League, which had campaigned extensively for it.
On June 18, 2024, the Appellate Division dismissed the case. The court ruled that the plaintiffs had filed the lawsuit using an incorrect legal claim and that the statute of limitations to refile based upon the correct claim had run out. The plaintiffs appealed the decision to the New York Court of Appeals, which declined to take up the case on July 11, 2024, clearing the way for the amendment to remain on the November 2024 general election ballot.
On November 5, 2024, New York voters approved the amendment by an overwhelming majority.
LWVNYS was represented by Winston & Strawn LLP.
LWV Timeline
Plaintiffs file lawsuit
A member of the New York State Assembly and two individual plaintiffs file suit in the Livingston County Supreme Court, arguing that the legislature violated constitutional amendment procedures when placing the New York ERA on the ballot. The plaintiffs request the ERA be removed from the 2024 ballot.
Trial court rules in favor of plaintiffs
The state trial court rules the defendants violated the state constitution's amendment procedures and orders the ERA to be removed from the November 2024 ballot.
LWVNYS files amicus brief in State Court
LWVNYS files an amicus brief in the state appellate court asking it to overturn the trial court’s decision. The brief argues the plaintiffs unduly delayed filing the lawsuit and that removing the amendment from the ballot would prejudice voters by denying them the chance to expand protections of their rights.
Appellate Court issues opinion
The appellate division dismisses the case, ruling that the plaintiffs had failed to file the lawsuit under the correct legal claim, and that the statute of limitations to refile under the correct claim had expired.
New York State Court of Appeals declines to hear appeal
New York’s highest court declines to hear plaintiffs’ appeal and affirms the dismissal of the lawsuit.
New York voters approve state Equal Rights Amendment
Voters in New York approve the amendment by an overwhelming margin.