The Legal Aid Society filed an amicus brief to urge the New York Court of Appeals to find that the State's new Equal Rights Amendment (ERA) creates a cause of action for New Yorkers to seek redress for governmental discrimination on the basis of its expanded classifications.

In November 2024, New Yorkers across the State voted for the ERA to ensure that even in uncertain times, New York remains a place that guarantees equal rights and protects its most vulnerable residents from discrimination. The ERA amended Article I, Section 11 of the New York State Constitution by adding protected classes, including "ethnicity, national origin, disability," and "sexual orientation, gender identity, [and] gender expression" and by recognizing the "interconnected nature of discrimination." While Legal Aid took no position on the ultimate merits of Miller v. State, our brief shared with the court why a self-executing ERA is essential to protect our clients and their communities.