N.Y. moves to enshrine abortion rights in state's constitution

ALBANY, N.Y. >> The New York State Senate on Friday passed a measure that, if fully enacted, would enshrine in the state constitution the right to seek an abortion and access contraception.

The measure — the Equal Rights Amendment — places New York at the forefront of legal efforts to protect reproductive rights after the Supreme Court struck down Roe v. Wade last week, ending long-established abortion protections.

But the amendment's reach is far broader. It prohibits the government from discriminating against anyone based on a list of qualifications — including race, ethnicity, national origin, disability or sex — specifically noting sexual orientation, gender identity and expression, and pregnancy on the list of protected conditions.

The Assembly is expected to pass the bill, and then voters would have to approve the amendment in a referendum before it would go into effect.

Democrats in Albany described the amendment as a crucial defense of those protected classes and a shield against potential government incursions on contraception, same-sex consensual relations and same-sex marriage.

“We can no longer afford to play a risk game because the right not only is going to take everything to court, they're starting to control all the courts,” said Sen. Liz Krueger, the architect of the amendment. “So it's just more and more important to enshrine things in state constitutions as well as state laws.”

The timing, they said, was important as well.

“I think this first passage meets the moment that New Yorkers want to express their support for abortion rights and reproductive health care — as well as protect other New

Yorkers,” said Sen. Brad Hoylman, a Democrat of Manhattan, who co-sponsored the bill.

More than a dozen states and the District of Columbia affirmed or expanded abortion rights before the Supreme Court ruling, while another dozen or so Republican-led states had legislation in place that outlawed abortion after the ruling was issued.

In the last days of New York's 2022 legislative session, lawmakers passed a package of bills aimed at protecting abortion seekers and providers. But after the Supreme Court issued decisions on abortion and concealed weapons, Gov. Kathy Hochul, a Democrat, ordered the Legislature to return to Albany on Thursday for an extraordinary session.

Following a long night of negotiations, the measure passed the Senate without debate. It now heads to the Assembly, where Speaker Carl Heastie said Friday that he expected it to pass.