ERA Explainer Series:

The History of New York’s
Equal Rights Amendment

By: Dr. Daniel N. Clay, J.D., LL.M., M.S.C.J.S., J.S.D.
Legal Scholar, Educator, Author, and Advisor
https://www.linkedin.com/in/danielnclay/

New York State’s Equal Rights Amendment (ERA) marks a notable development in the state’s efforts to address issues of systemic discrimination and equity.  However, the language, implementation, and effect of the ERA is not without controversy.  This article, which traces the history of ERA, is the first in a series of four articles that will explore the development, debate, and implications of the ERA.

New York’s ERA stems from the work of the suffragist Alice Paul’s efforts to pass a national Equal Rights Amendment.  First introduced to Congress in 1923, the federal ERA, aimed to ensure equality regardless of sex.  After gaining momentum in the 1970s and passing Congress in 1972, the national ERA fell short of the required 38 state ratifications for inclusion in the U.S. Constitution.  Despite its failure, the movement spurred state-level efforts, including those in New York, to codify similar protections in state constitutions.

Following the collapse of the national ERA, proposals for a state-level ERA emerged in the late 20th century but faced similar challenges in gaining the necessary legislative and public support.  Renewed efforts in the 21st century by civil rights and women’s rights groups, who argued that existing anti-discrimination laws were insufficient, led to a broader interpretation of “equality.”  More specifically, the scope of state-level ERAs, including New York’s, incorporated protections against discrimination based on race, ethnicity, sexual orientation, gender identity, disability, and other immutable characteristics.

As required by the state’s constitution, the ERA required approval by two consecutive state legislatures before being placed on the ballot for voter consideration.  In 2022 and 2023, the ERA was passed by the state legislature.  In November 2024, after gaining overwhelming support (62.5% in favor), the ERA was approved by voters as an amendment to New York’s constitution. The ERA will take effect on January 1, 2025.

While proponents highlight the ERA as a necessary step toward ensuring fairness and inclusivity, some concerns have been raised about its potential consequences.  Questions about how the amendment might apply to issues such as reproductive rights, abortion, single-sex spaces, and disability frameworks will prompt extensive societal and legal debates.