Judge rules on 'abortion' in ballot measure
- A New York judge declines to order the inclusion of 'abortion' in the description of a ballot measure.
- The judge decided not to force state election officials to inform voters about the proposed antidiscrimination amendment protecting abortion rights.
- The ruling addresses the issue of how abortion rights are presented in the upcoming ballot measure.
ALBANY, N.Y. — A New York judge has declined to mandate that state election officials inform voters that a proposed antidiscrimination amendment to the state constitution would safeguard abortion rights. Judge David A. Weinstein's ruling comes amid a lawsuit concerning the language that will appear on ballots this November regarding the proposed Equal Rights Amendment. Democrats had sought to include terms like “abortion” and “LGBT” to clarify the amendment's intent, which supporters argue would enhance abortion access through expanded antidiscrimination protections. Weinstein expressed hesitance in affirming that the amendment would explicitly protect abortion rights, citing complexities in the amendment's language. He stated that the current ballot language was not misleading and therefore could not be altered based on the lawsuit's claims. The judge noted that the implications of the amendment on abortion rights could lead to future legal disputes. The coalition New Yorkers for Equal Rights criticized the existing ballot language as inadequate, asserting it fails to inform voters about the potential abortion protections. Proponents of the amendment believe it could challenge future abortion restrictions as discriminatory. Conversely, opponents, including many Republicans, argue that the amendment could establish constitutional rights for transgender athletes and raise various concerns. This ruling is part of a broader trend where Democrats have introduced abortion-related measures on ballots across multiple states following the U.S. Supreme Court's decision to overturn Roe v. Wade. Currently, New York permits abortion until fetal viability, typically between 24 and 26 weeks of pregnancy.