A New York Supreme Court judge has blocked the Equal Rights Amendment, which centers on abortion and would’ve disallowed discrimination based on “gender identity” and “pregnancy outcomes,” from appearing on the state’s November ballot.

The judge questioned the legality of the proposed ballot measure on the fact that lawmakers approved the language in the amendment before getting a written opinion from the state’s attorney general.

“Once again the legislature and Governor Hochul are found to have violated the state constitution,” state GOP Chairman Ed Cox said in a statement. “In their rush to pass this amendment, the Legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state.”

New York Democratic Attorney General Letitia James stated a plan to appeal the decision.

“The Equal Rights Amendment was advanced to protect New Yorkers’ fundamental rights, including reproductive freedom and access to abortion care,” James said. “This is a disappointing court decision, but we will appeal because New Yorkers deserve to be protected by their Constitution, especially as our basic freedoms and rights are under attack.”

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The move is a blow to Democrats, who hoped the ballot measure could drive voters to the polls in a state that, while definitively blue, contains crucial battleground House races this November. The Cook Political Report projects that seven House seats in the state will be competitive, with three of those toss-ups for Republican incumbents. 

The Cook Political Report does not project Sen. Kirsten Gillibrand’s (D-NY) seat to be competitive, rating it as “Solid” Democrat. Senate Majority Leader Chuck Schumer (D-NY) is not up for election until 2028.