NY ballot question on abortion, LGBTQ rights heads to court over "legalistic" wording

Chris McKenna, New York State Team
·2 min read

Supporters of a statewide vote on adding abortion and LGBTQ rights to New York's constitution have sued to force New York to use plainer wording on the Nov. 5 ballot.

The case was filed in state Supreme Court in Albany Friday after the state's four election commissioners rejected pleas to add the words "abortion" and "LGBTQ" to clarify the Equal Rights Amendment's purpose. They had voted instead to stick with terms taken from the amendment itself, such as "gender expression" and "reproductive healthcare and autonomy."

One person with a flag walks by the New York State Capitol in Albany Jan. 17, 2021.
One person with a flag walks by the New York State Capitol in Albany Jan. 17, 2021.

The lawsuit, brought on behalf of two women from Ulster County and Brooklyn, argues that phrasing is "overly legalistic" and is likely to confuse voters. The challenge is based on a 2023 law that says a state referendum must use "plain, easily understood language" that explains the practical impact of the proposal.

That means writing it for an eighth-grade reading level, measured by a readability index score of eight. The version crafted by the state was scored a "14."

The Equal Rights Amendment would expand the state's ban on racial and religious discrimination by adding other protected classes. The state plans to list them on the ballot this way: "ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and pregnancy. Also covers reproductive healthcare and autonomy."

Wording dispute: Abortion, LGBTQ rights are on NY ballots this fall. But will the wording confuse voters?

The lawsuit demands the state switch to wording suggested by Attorney General Letitia James' office, which states more explicitly: "Protects LGBT and pregnant people. Protects abortion." About 1,500 people or groups submitted comments on the state's proposal, many urging it to clarify the language.

Attorneys for the plaintiffs and Board of Elections are set to appear in court on Aug. 14.

Chris McKenna covers government and politics for The Journal News and USA Today Network. Reach him at cmckenna@gannett.com.

This article originally appeared on Rockland/Westchester Journal News: NY sued for "legalistic" wording on abortion, LGBTQ rights ballot vote