LGBT rights in New York

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LGBT rights in New York
New York (USA)
Same-sex sexual activity legal? Legal since 1980
(New York v. Onofre)
Gender identity/expression Sex reassignment surgery not a requirement for changing New York State and New York City birth certificates
Discrimination protections Yes, sexual orientation only (see below)
Family rights
Recognition of
relationships
Same-sex marriage performed and recognized in the state since 2011
Adoption Yes

The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, transgender (LGBT) rights. The advocacy movement for LGBT rights in the state has been dated as far back as 1969 during the Stonewall riots in New York City. Same-sex sexual activity between consenting adults has been legal since the New York v. Onofre case in 1980. Same-sex marriage has been legal statewide since 2011, with the state recognizing domestic partnerships between same-sex couples beforehand since 1998. Discrimination protections regarding sexual orientation have also been adopted statewide since 2003. While transsexuals born in the state can alter their birth certificate before or after sex-reassignment surgery, the practice is not covered by the state statute, and discrimination protections regarding gender identity or expression are not fully recognized statewide.

Laws against homosexuality[edit]

All existing laws against private consenting homosexual sexual conduct between adults were abolished by the New York Court of Appeals in the 1980 case New York v. Onofre, with the exception of laws affecting employees of the New York National Guard. Repeal of the state National Guard's restrictions took effect in 2000.[citation needed]

Recognition of same-sex relationships[edit]

On June 24, 2011, the Legislature passed and the Governor signed the Marriage Equality Act allowing same-sex marriages to be performed in New York State.[1] The law took effect on July 24, 2011.

Previously, New York recognized same-sex marriages performed in other jurisdictions since May 14, 2008, when Governor David Paterson issued an executive directive for all state agencies to recognize such marriages.[2][3][4][5] New York City has recognized domestic partnerships since 1998, when Mayor Rudy Giuliani signed a law establishing them.[6][7]

Before the passage of the Marriage Equality Act, the New York Court of Appeals held that New York law did not permit same-sex marriage and that there was no state constitutional right to same-sex marriage.[8]

New York has provided benefits to same-sex partners of state employees since 1995.[9]

Adoption[edit]

New York law allows LGBT individuals and same-sex couples to petition to adopt.[10][11]

LGBT individuals and couples can go to "The Center" in Manhattan, New York to find out more about adoption and fostering . "You Gotta Believe" is hosting monthly orientation and weekly foster parent certification training in "The Center".

Discrimination protection[edit]

Map of New York counties and cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances
  Sexual orientation with anti–employment discrimination ordinance and gender identity solely in public employment
  Sexual orientation and gender identity with anti–employment discrimination ordinance

In 2003, New York's Sexual Orientation Non-Discrimination Act (SONDA) took effect. SONDA "prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights."[12]

On December 16, 2009, Governor David Paterson issued an executive order banning discrimination based on gender identity in state employment.[13][14] Courts have ruled that transsexual individuals can pursue anti-discrimination claims under the category of sex.[15]

Between 2007 and 2015, the New York State Assembly for the 8th time in a row keeps passing the Gender Expression Non-Discrimination Bill (GENDA).[16][17][18] The New York State Senate Judiciary Committee has yet to vote on the measure.[19][20][21][22][23]

The counties of Suffolk, Tompkins, and Westchester, along with the cities of New York, Albany, Binghamton, Buffalo, Ithaca, Syracuse, and Rochester have non-discrimination ordinances protecting gender identity.

Hate crime laws[edit]

The Hate Crimes Act of 2000 covers sexual orientation but not gender identity.[24][25][26]

Gender reassignment[edit]

New York issues new birth certificates to persons born in the state who have undergone sex reassignment surgery, though the practice is not covered by state statute.[27]

Since 2014, both New York State and New York City do not require genital reconstruction surgery to change or get a new birth certificate.

Defamation[edit]

On May 30, 2012, in the case of Yonaty v. Mincolla, a unanimous four-judge panel of the New York Appellate Division held that labeling someone "gay" or a "homosexual" can no longer be grounds for defamation. Justice Thomas Mercure wrote: "In light of the tremendous evolution in social attitudes regarding homosexuality...it cannot be said that current public opinion supports a rule that would equate statements imputing homosexuality with accusations of serious criminal conduct or insinuations that an individual has a loathsome disease."[28] The ruling is subject to appeal.[29]

Sexual orientation change efforts[edit]

On June 16, 2014, the New York State Assembly voted 86–28 to pass a bill that would prohibit health care providers from trying to change the sexual orientation of minors.[30] However, the bill subsequently got blocked in the New York State Senate.[31] Such a ban exists in California, New Jersey, Oregon and Washington, D.C. On April 30, 2015, the New York State Assembly again voted 111–12 to pass a bipartisan bill that would prohibit health care providers from trying to change the sexual orientation of minors.[32][33]

See also[edit]

References[edit]

  1. ^ "First New York couples wed under new same-sex marriage law". CNN. July 25, 2011. Retrieved August 4, 2011. 
  2. ^ New York Times: Jeremy W. Peters, "New York to Back Same-Sex Unions From Elsewhere", accessed August 4, 2011
  3. ^ "May 14, 2008 Executive Order" (PDF). Retrieved 2013-11-02. 
  4. ^ "New York to recognize out-of-state same-sex marriages". Jurist.law.pitt.edu. 2008-05-29. Retrieved 2013-11-02. 
  5. ^ BBC: "NY to recognize same-sex marriage", accessed August 4, 2011
  6. ^ New York City: "Mayor Giuliani Signs Landmark Domestic Partnership Legislation", accessed August 4, 2011
  7. ^ "New York City Takes Historic Step on Domestic Partnership", accessed August 4, 2011
  8. ^ "Hernandez v Robles (2006 NY Slip Op 05239)". Retrieved August 14, 2008. 
  9. ^ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
  10. ^ "New York Adoption Law". Hrc.org. 2009-12-14. Retrieved 2013-11-02. 
  11. ^ Fishman, Laura (2010-09-22). "New York Governor Signs Gay Adoption Bill". Houstonfamilyattorneysblog.com. Retrieved 2013-11-02. 
  12. ^ Office of the Attorney General: "The Sexual Orientation Non-Discrimination Act ("SONDA")", accessed July 25, 2011
  13. ^ "EXECUTIVE ORDER NO 33: Prohibiting Discrimination In State Employment On The Basis Of Gender Identity". Governor.ny.gov. Retrieved 2013-11-02. 
  14. ^ "New York gov extends protections to transgender New Yorkers". 365gay.com. Retrieved 2013-11-02. 
  15. ^ "Sexual Orientation And Gender Identity" (PDF). Retrieved 2014-06-29. 
  16. ^ [1]
  17. ^ "N.Y. state assembly passes gender expression non-discrimination act, again". LGBTQ Nation. Retrieved 2014-06-29. 
  18. ^ David Badash (2014-06-10). "Breaking: New York State Assembly Passes Gender Expression Non-Discrimination Act". The New Civil Rights Movement. Retrieved 2014-06-29. 
  19. ^ "A06584". Assembly.state.ny.us. Retrieved 2013-11-02. 
  20. ^ "A05710". Assembly.state.ny.us. Retrieved 2013-11-02. 
  21. ^ New York State Assembly: A05039, accessed July 25, 2011
  22. ^ New Civil Rights Movement: "Lost In NY Marriage Shuffle: GENDA Passes Assembly, Stalls In Senate", accessed July 25, 2011
  23. ^ "New York State Considering Transgender Anti-Discrimination Bill; Legislation Has Already Been Approved 81-59 « CBS New York". Newyork.cbslocal.com. 2012-05-07. Retrieved 2013-11-02. 
  24. ^ New York State Assembly: S04691, accessed July 26, 2011
  25. ^ New York Times: "Pataki Signs Bill Raising Penalties In Hate Crimes", accessed July 26, 2011
  26. ^ Buffalo News: "Last year saw progress on issues of gay rights", accessed July 25, 2011
  27. ^ Human Rights Campaign: New York Birth Certificate Law: Gender Identity Issues, accessed July 25, 2011
  28. ^ Village Voice: John Surico, "The Insane Immaturity of Albany's Gay Defamation Case," June 2, 2012, accessed June 2, 2012
  29. ^ New York Times: "Label of Gay Is No Longer Defamatory, Court Rules," May 31, 2012, accessed June 2, 2012
  30. ^ "NY Assembly passes conversion therapy ban for kids". Wall Street Journal. June 16, 2014. 
  31. ^ "US: New York Senate blocks ‘gay cure’ therapy ban, trans anti-discrimination bill". PinkNews. June 21, 2014. 
  32. ^ [2]
  33. ^ [3]