New York Moves to Enshrine Constitutional Amendment Guaranteeing Abortion Access

The Democrat-controlled New York state Senate passed a constitutional amendment on Friday, which, if fully enacted, would enshrine the right to abortion and contraception in the state Constitution.

The measure, which is an expansion to the “Equal Rights Amendment,” comes after the Supreme Court overturned Roe v. Wade last week, ending the federal right to abortion and returning the issue to the states. The New York measure would extend beyond just abortion rights, including prohibiting the government from discriminating on the basis of characteristics such as sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.

Democratic Governor Kathy Hochul called the state legislature into a special session Friday in order to consider the expansion of the “Equal Rights Amendment” and legislation that would restrict concealed-carry permits.

The amendment now heads to the state Assembly, and if passed, would go to New York voters in a referendum.

Hochul, though having no role in the passage of the amendment, has spoken out against the Supreme Court ruling, agreeing with President Joe Biden that Congress should codify the federal right to abortion into law, and bypass the filibuster to do so.

The governor passed a slate of bills in June designed to make New York a haven for abortion seekers and providers, including prohibiting the state from participating in “out-of-state legal cases involving abortion except in limited circumstances.” The package also prohibits “professional misconduct charges against licensed medical professionals” if they provide abortions to patients in states where the practice is illegal.

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