New Yorkers could put the right to have an abortion in the state constitution as soon as next year after lawmakers agreed on a proposed amendment during a special session called by Gov. Kathy Hochul.
The state Senate passed the measure with bipartisan support early Friday, with the Assembly expected to follow by Saturday morning.
Lawmakers will have to approve the amendment a second time next year before it goes to the public for a final vote. The process does not require final approval from the governor.
“No person shall, because of race, color, ethnicity, national origin, age, disability, creed [or], religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, be subjected to any discrimination in their civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state,” reads the amendment text.
The protections for LGBTQ New Yorkers are included in light of Supreme Court Justice Clarence Thomas’ concurring opinion in the case that overturned Roe v. Wade. In his opinion, Thomas suggested the justices revisit other precedents enshrining the right to free use of contraception, gay sex and same-sex marriage.
Gov. Kathy Hochul vowed to solidify abortion rights in New York following the Supreme Court decision to overturn Roe v. Wade. Stefan Jeremiah
Demonstrators protest for abortion rights in Union Square and Washington Square Park on June 24, 2022. Kevin C. Downs
Albany lawmakers are rushing to amend abortion rights into the state constitution. Stephen Yang“We’re running out of time, frankly, to codify these human rights before the Supreme Court completely invalidates them,” state Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) claimed on the chamber floor Friday.
Stewart-Cousins went on to note that the state Senate passed the proposed amendment 52 years to the day after New York legalized abortion in 1970 — three years before Roe v. Wade extended the right nationwide.
An initial effort to enshrine abortion in the state Constitution fell short during the regularly scheduled legislation session that concluded in early June.
Albany leaders such as Andrea Stewart-Cousins and Carl Heastie are following Gov. Hochul’s push to extend abortion rights in New York. AP Photo/Evan Vucci
President Joe Biden listens to Gov. Hochul during a Democrat meeting on abortion rights in the White House on July 1, 2022. AP Photo/Evan VucciBut the Supreme Court’s June 24 decision striking down Roe recharged efforts to resolve differences among lawmakers about how the amendment might conflict with New Yorkers’ religious rights.
“I always say that sometimes we have so many members in conference … the job sometimes is to try to get them to meet at a point where everyone is comfortable,” Assembly Speaker Carl Heastie (D-Bronx) told reporters Friday. “And I think we were able to do that in consultation with the Senate the last couple of days.”
