Equal Protection Project Files Proposed Amicus Curiae Brief in New York “Equal Rights Amendment” Appeal

Case Particulars


New York Supreme Court Appellate Division, Fourth Department

Date Filed

June 10, 2024

Docket No.


Case Status

Summary Judgment granted to Plaintiffs in N.Y. Supreme Court; Appeal Filed; EPP filed amicus brief supporting Plaintiffs

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 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.