ERA Explainer Series:

New York’s Equal Rights Amendment & Single-Sex Spaces

Written by Daniel N. Clay, J.D., LL.M., J.S.D.
dnclay@su.suffolk.edu

New York’s Equal Rights Amendment (ERA) that went into effect January 1, 2025, has reignited national discourse about equality, anti-discrimination protections, and the role of single-sex spaces in public life. The amendment broadens the categories protected under the state constitution, including explicit language prohibiting discrimination based on “gender identity” and “gender expression.” While hailed by many as a modern civil rights advancement, its implications for single-sex spaces remain a subject of intense academic and legal scrutiny.

Single-sex spaces—such as bathrooms, locker rooms, domestic violence shelters, prisons, and gender-specific sports—have traditionally been structured around the legal and historically social binary of biological sex. Supporters contend that the amendment merely reinforces existing anti-discrimination principles and reflects contemporary understandings of gender. They argue that inclusive policies do not inherently compromise safety or fairness, citing studies and state practices that show trans-inclusive policies can coexist with effective safeguards. Moreover, proponents emphasize the ERA’s potential to protect marginalized groups—particularly transgender individuals—from systemic exclusion or harm.

However, opponents of the ERA argue that enshrining gender identity as a protected class may erode the legal foundations supporting these spaces. They express concerns about safety and privacy, particularly for women and girls in institutions where physical vulnerability is heightened. Opponents also argue that the ERA may affect competitive fairness in women’s sports by allowing transgender women to participate in female athletic divisions, potentially creating imbalances in physical advantages.

With the ERA now in effect, laws or policies that differentiate based on gender identity may face strict judicial scrutiny. Under this standard, the state must show a compelling interest and use narrowly tailored measures to justify such policies. This elevated level of review could significantly impact how courts evaluate the legality of single-sex spaces and programs, potentially leading to substantial changes in New York’s legal framework.

The New York ERA’s impact on single-sex spaces will not be dictated solely by the amendment’s language, but by how courts, policymakers, and communities interpret and implement it. As such, it invites a careful balancing of inclusion, privacy, safety, and equality in a changing legal and cultural landscape.