Setting the Agenda: The Women's Equality Act

During his gubernatorial campaign Gov. Andrew Cuomo promised to pass the DREAM Act, raise the minimum wage and reform campaign finance laws. He also created a Women’s Equality Party based on the premise that he would pass a 10-point Women’s Equality Act.

First introduced by Cuomo in 2013, the Women’s Equality Act (WEA) is a package of 10 bills, including measures that would combat domestic abuse, human trafficking and gender discrimination.

But one controversial part of it would codify Roe v. Wade and align state law with the U.S. Supreme Court ruling. (The measure would expand access to late-term abortion, but would not change who is qualified to perform an abortion or legalize so-called “partial-birth” abortions.)

The full legislative package has the support of Cuomo, and has passed the Democratic-led Assembly two years in a row, but it has failed to pass in the Republican-led state Senate because of the abortion plank.

During the 2014 legislative session, Senate Republicans passed nine of the 10 bills and blamed the Senate Democrats for choosing politics over women by presenting an “all or nothing” approach to passing the package of bills.

“Abortion is [already] safe [and] legal in New York State. It’s not going to be changed,” Senate Republican Leader Dean Skelos told reporters in 2013. “And what I see is the expansion of ‘partial-birth’ abortion, in from the radical left. It’s an extreme measure, and I don’t think it’s absolutely necessary.”

The state Senate GOP did not respond to requests for comment.

In the upcoming 2015 legislative session, supporters of the WEA face the same obstacles as in previous years: a Republican-led state Senate and growing impatience from fellow Democrats advocating for breaking up the package.

“We know the configuration of the Senate. We know what they were prepared to do in the past,” Assemblywoman Amy Paulin, sponsor of one of the bills in the WEA, said. “I still believe … the other bills in the package are all worthwhile for women. All are important and essential for women and I do not believe they should be held hostage to one bill. I hope we go forward and we pass the individual bills that we can.”

State Sen. Andrea Stewart- Cousins, the leader of the mainline Senate Democrats, has pushed during the last two years for all 10 bills to be passed, and said that Democrats would not back down.

“New Yorkers want it to be a package, so at this point there is no conversation about breaking it up,” Stewart-Cousins said. “The vast majority of New Yorkers, and those who have been advocates for the full 10-point plan, continue to be in the forefront of making sure New York continues to be a progressive leader in regard to women and women’s issues.”

While the fate of the legislation is up in the air in Albany, it resonated on the campaign trail. Cuomo painted his Republican challenger, Rob Astorino, as an ultra-conservative who would wage a war against women’s rights, and the governor’s Women’s Equality Party exceeded the 50,000 votes needed to secure its place on the ballot in future elections. Exit polls showed Cuomo receiving two-thirds of the female vote in the gubernatorial election.

With the state Legislature’s balance of power was largely unchanged, the fate of the WEA may depend on Cuomo’s ability to broker a deal between Senate Republicans and Democrats. In his first term, Cuomo was both praised and criticized for his ability to deal with Senate Republicans.

“[Cuomo] is the one who put the 10 points together, and he’s the one that created a party about the whole 10 points, so I have to believe he’s interested in seeing the 10 points moved,” Stewart-Cousins said. “I expect him to be as assertive about that as he has [been] in the past few months.”

Constituents Want Women's Equality Act
Andrea Miller, President, NARAL Pro-Choice New York

Three-quarters of New York voters support the abortion rights guaranteed under Roe v. Wade and want our state laws to support these protections.

It’s hard to find three-quarters support for anything, let alone an issue that opponents paint as controversial.

But a vocal legislative minority has sidestepped and outright lied about the scope of the Women’s Equality Act, despite it being a settled matter among experts. As Ashley Hupfl noted Sept. 30 in City & State, “The bill would indeed align state law with Roe v. Wade.”

As the 2015 legislative session approaches, it’s time for abortion opponents to stop deceiving as cover for extremist opinions wildly out of sync with their constituents.

NARAL Pro-Choice New York’s main priority is protecting reproductive rights for New York women. State laws that ensure access to the full range of reproductive health care are, naturally, a primary goal.

But a woman’s right to plan her family has implications far beyond her health. As Justice Sandra Day O’Connor said in 1992, “The ability of women to participate equally in the economic and social life of the nation has been facilitated by their ability to control their reproductive lives.”

New Yorkers are clear that we want our state to chart the course for a different, positive direction.

Gov. Andrew Cuomo’s commitment to the right to choose was a distinguishing factor in his campaign, a fact that was not lost on women, who voted for the governor 61–33 percent. His platform embraced women’s equality and recognized the need for a holistic approach to women’s health, safety and equal opportunity.

This is what constituents want— especially women, who decide elections. Legislators must now work together to deliver on the expectations of the constituents who are sending them to Albany.