NY voters can expect the Equal Rights Amendment on ballot

ALBANY, N.Y. (NEWS10)--Due to a recent court decision, New York voters can once again expect to see the Equal Rights Amendment on the ballot in November. If passed, the measure would enshrine protections such as abortion and LGBTQ rights, into the state constitution.

After the legislature voted to put the question on the ballot, a lawsuit was filed by Republican Assemblymember Marjorie Byrnes. She claimed the state legislature didn’t follow the proper procedure before voting to pass the amendment. 

 "Contrary to the constitution, we did not have an opinion from the attorney general," said Byrnes. 

A month ago, a judge sided with Byrnes and removed the ERA proposal from the ballot.

However, on Tuesday evening, that decision was reversed by the appellate court.  

"The basis of the decision was really around the fact that they are outside of the statute of limitations when it comes to timelines," explained Erica Smitka, Deputy Director for League of Women Voters.

According to Smitka, the legislature didn’t go against the state constitution.  

"The constitution clearly states that yes, the AG will issue an opinion in the legislature will vote a second time, but it also clearly states that if the AG does not issue their opinion within that timeframe, it does not make the amendment invalid."

Byrnes disagrees with the new ruling and wants to appeal to the state’s highest court.  

"We are going to do everything we can to get this to the appellate division to get a fair decision made," said Byrnes.

It’s unclear if the court of appeals will take up the case and if so, when.