NOW - NEW YORK STATE SUPPORT MEMO
A-1267 (Bing)/S-1764 (Duane)
- New York State Equal Rights Amendment to the New York State Constitution
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The National Organization for Women – New York State, Inc. strongly
supports the passage of the New York State Equal Rights Amendment. This amendment
to the New York State Constitution will ensure that no person is denied equal
protection under the law because of sex. The state’s constitution still
does not explicitly guarantee that all of the rights it protects are held equally
by all citizens without regard to sex.
Today, in our society, women are still disadvantaged socially and economically
in New York State. Discrimination exists in employment, insurance, health care,
education, the criminal justice system, social security, and many other areas.
According to Labor Department data analyzed by the Economic Policy Institute,
college-educated women between the ages of 36 and 45, a seemingly secure and
stable segment of the female population, earn 74.7 cents compared to every
dollar that men earn.
Women, who continue to be the non or lesser-monied spouse, are often forced
to give up careers in order to tend to familial obligations, and are often
the victims in abusive relationships or situations involving domestic violence.
It is a fact that women are overall disadvantaged in society both in America
and in New York State. Women are not protected under the NYS Constitution by
an amendment which will ensure their equal treatment under the law.
Many of the current laws and legal protections against discrimination based
on sex can be replaced or repealed by a simple majority in the New York State
Legislature. It is therefore necessary to amend the Constitution so that the
equal treatment of women in New York State is guaranteed and much more difficult
for legislators and courts to reverse.
The New York State Equal Rights Amendment will add “sex” as a
category protected against discrimination by the New York State Constitution.
It will also require that courts use a strict scrutiny standard when reviewing
cases of sex discrimination. Overall, it will result in the equal treatment
of women and men under New York State law, a change which will afford women
new opportunities as well as deserved equalities in the future. NOW-NYS, Inc.
thus strongly urges legislators to support A-1267 and S-1764.
Marcia A. Pappas, President, NOW-NYS, Inc.
Barbara Kirpatric, Legislative Vice President
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