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


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 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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Joseph MacKinnon

Joseph MacKinnon

Joseph MacKinnon is a staff writer for Blaze News.
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