Case Particulars

Tribunal

New York Supreme Court Appellate Division, Fourth Department

Date Filed

June 10, 2024

Docket No.

24-00764

Case Status

Summary Judgment granted to Plaintiffs in N.Y. Supreme Court; Appeal Filed; EPP filed amicus brief supporting Plaintiffs; NY Supreme Court Appellate Division, Fourth Department Reversed Judgment of Supreme Court; Notice of Appeal to NY Court of Appeals filed

Case Overview

There was supposed to be a November 2024 ballot issue in New York State to amend the NY Constitution by expanding protected categories to gender identity, etc., but also to add a new subsection that incorporates Critical Race Theory and Diversity, Equity, and Inclusion concepts to excuse discrimination to allegedly fight discrimination (i.e. reverse discrimination).

A court challenge was filed arguing the amendment was passed by the legislature in violation of procedures required in the NY Constitution, and therefore the initiative had to be removed from the November ballot.

On May 8, 2024, the NY State Supreme Court (trial court) in Livingston County (near Rochester) granted summary judgment throwing the ERA off the November ballot, on the ground that the proponents of the legislation did not follow the constitutionally required procedure for advancing a ballot initiative for a constitutional amendment.

The New York State Legislature appealed and EPP filed an amicus brief in the New York Supreme Court Appellate Division, Fourth Department, supporting Plaintiffs.

On June 18, 2024, the New York Supreme Court Appellate Division, Fourth Department reversed the NY State Supreme Court judgment, on the ground that this challenge was time-barred under applicable NY statutes. This had the effect of restoring the NY “Equal Rights Amendment” to the November ballot.

Plaintiffs then filed a Notice of Appeal to the New York Court of Appeals, the highest court in New York State, on June 21, 2024. That Notice of Appeal is pending.