Small law firm takes on New York State and wins

Little firms protecting the little guy

An amendment to the New York State constitution that would have severely curtailed the rights of normal New Yorkers has been taken off the November 5, 2024 ballot, thanks to the concerted efforts of two attorneys from a small legal firm, Cox Lawyers PLCC.

The amendment concerned is usually referred to as Proposition One or the Equal Rights Amendment (ERA). As things stand, discrimination based on race, color, creed, and religion is already banned in New York State. The ERA would have added ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and reproductive health care and autonomy (additions to the current constitution are in boldface in the extract below):

The only people without a protected category are “normals”

While protecting people sounds like a noble intention, the ERA, if passed, would have in practice led to certain people in these categories being “protected” at the expense of others —  who, in most cases, would be the majority of New Yorkers. For example:

• Protecting “gender identity and expression” would lead to an inability to bar men (that is, “transwomen”) from women's dormitories, sports, locker rooms and showers, public bathrooms, etc..
• Banning “age-based discrimination” would potentially allow minors to take charge of their medical decisions and sideline their parents or guardians, barring them from intervening even in the event that they chose to undergo life-altering procedures.
• Protecting “reproductive autonomy” would have the practical effect of enshrining in the constitution the right to have an abortion at any stage of pregnancy, right up to birth.

This is why people such as Lee Zeldin, gubernatorial candidate for New York in 2022, have described Proposition 1 as an unprecedented threat to women's rights:

Arrogance came before a fall

Given that New York is a solidly Democratic state, the ERA will almost certainly pass if it appears on the November ballot. Attorneys Bobbie Anne Cox and Chris Browne attacked the proposed amendment on procedural grounds, as it was advanced in an unconstitutional manner.

• Senator George Borello excoriated politiicians for their arrogance in assuming that they could get away with cutting corners in pushing their agenda:

The Democrats that control state government think the rules don’t apply to them, which is why we repeatedly see them cut legal and ethical corners in order to achieve their political aims. While the Democrats will appeal, I urge the appellate judges who will make the next determination to be guided by the dictates of the state constitution and not politics. We all lose when the authority of our constitution is weakened, which is why I am optimistic this ruling will stand.

Those who oppose woke ideology labeled ‘extremist’

According to media accounts, Democrats had been “counting on the measure to help generate voter turnout." The Democrats have a $20 million budget to promote the ERA, and Attorney-General Letitia James has insisted that her party will appeal the ruling; 

The Equal Rights Amendment was advanced to protect New Yorkers’ fundamental rights, including reproductive freedom and access to abortion care. This is a disappointing court decision, but we will appeal because New Yorkers deserve to be protected by their Constitution, especially as our basic freedoms and rights are under attack.

Governor Kathy Hochul expressed similar sentiments, and also went as far as calling the judge who ruled in the case, Justice Daniel Doyle, an “extremist judge”:

Our decades-long fight to protect equality and reproductive freedom will not be thrown off track by one extremist judge and I look forward to casting my ballot for the Equal Rights Amendment in November.