LGBT rights in New York
|Status||Legal since 1980|
(New York v. Onofre)
|Gender identity||Sex reassignment surgery not a requirement for changing birth certificates|
|Discrimination protections||Sexual orientation and gender identity or expression protections (see below)|
|Recognition of relationships||Same-sex marriage since 2011|
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 some cities recognizing domestic partnerships between same-sex couples since 1998. Discrimination protections in credit, housing, employment, education, and public accommodation have explicitly included sexual orientation since 2003 and gender identity or expression since 2019. Transgender people in the state legally do not have to undergo sexual reassignment surgery to change their sex or gender on officials documents since 2014. In addition, both conversion therapy on minors and the gay and trans panic defense have been banned since 2019.
On June 28, 1969, LGBT people rioted following a police raid on the Stonewall Inn. This riot and further protests and rioting over the following nights were a watershed moment in the history of LGBT rights, and the beginning of the modern LGBT rights movement. New York City is now regarded as one of the most LGBT-friendly cities in the United States. In 2016, 30,000 people marched in the New York City LGBT Pride March, with about 2 million people in attendance.
- 1 Legality of same-sex sexual activity
- 2 Recognition of same-sex relationships
- 3 Adoption and parenting
- 4 Discrimination protections
- 5 Hate crime law
- 6 Gay and trans panic defense
- 7 Gender identity and expression
- 8 Defamation
- 9 Conversion therapy
- 10 Living conditions
- 11 Public opinion
- 12 Summary table
- 13 See also
- 14 References
Legality of same-sex sexual activity
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. A law repealing the sodomy provisions took effect in 2000.
Recognition of same-sex relationships
On June 24, 2011, the New York State Legislature passed and the Governor signed the Marriage Equality Act allowing same-sex marriages to be performed in New York State. The law took effect on July 24, 2011.
Previously, New York had 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. New York City has recognized domestic partnerships since 1998, when Mayor Rudy Giuliani signed a law establishing them.
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.
New York has provided benefits to same-sex partners of state employees since 1995.
Adoption and parenting
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." The 2003 law also explicitly includes "asexuality", a first for the United States.
Orginially, the law did not include gender identity. On December 16, 2009, Governor David Paterson issued an executive order banning discrimination based on gender identity in state employment. Courts have also ruled that transgender individuals can pursue anti-discrimination claims under the category of "sex". Beginning in 2007, the New York State Assembly passed the Gender Expression Non-Discrimination Act (GENDA) ten times. The bill would add gender identity to the state's anti-discrimination laws. Each time it reached the State Senate, however, the bill died in that body's Judiciary Committee. A recent instance of such a defeat was April 25, 2017, when five Republicans and one Democrat on the N.Y. Senate Investigations and Government Operations Committee voted against it. On May 5, 2018, it was voted down by the same committee (5 Republicans against, 4 Democrats in favor). In January 2019, however, the Committee on Investigations and Government Operations voted in favor of the gender identity discrimination bill by a 6-0 vote, and both the State Assembly and the State Senate passed it by votes of 100-40 and 42-19, respectively. The same month, Governor Andrew Cuomo signed the bill into law. The law went into effect on 24 February 2019, as per the New York Constitution.
Previously, in the absence of a statewide law, the counties of Suffolk, Tompkins, and Westchester, along with the cities of New York, Albany, Binghamton, Buffalo, Ithaca, Syracuse and Rochester passed non-discrimination ordinances protecting gender identity. In addition, on October 22, 2015, Governor Andrew Cuomo announced that he would direct the New York State Division of Human Rights (DHR) to promulgate regulations banning harassment and discrimination against transgender individuals in employment, housing, education, access to credit, and public accommodations. The DHR issued the regulations on November 4, 2015, and they went into effect on January 20, 2016.
Moreover, the state's anti-bullying law prohibits bullying on the basis of race, color, weight, national origin, ethnic group, religion or religious practice, disability, sexual orientation, gender (includes gender identity and expression) or sex. The law also explicitly includes cyberbullying and harassment, and applies to all public elementary and secondary schools in the state.
Hate crime law
The Hate Crimes Act of 2000 has explicitly covered sexual orientation since July 2001, and will also explicitly cover gender identity and expression beginning on November 1, 2019.
Gay and trans panic defense
It June 2019, the New York State Legislature passed a bill to repeal the common law gay and transgender panic defense. The bill was signed into law by Governor Andrew Cuomo, effective immediately. New York State became the 6th US state to abolish it.
Gender identity and expression
Previously, New York only issued new birth certificates to persons who had undergone sex reassignment surgery. The practice is not covered by state statute. Since 2014, New York has not required surgery to change or get a new birth certificate.
In September 2018, the New York City Council passed by a vote of 41-6 a bill to allow a third gender option on birth certificates: "X". Mayor Bill De Blasio had already come out in support of the bill, saying in a statement that the legislation will "allow transgender and gender nonconforming New Yorkers to live with the dignity and respect they deserve." He signed the bill into law on October 10, 2018, and it went into effect on January 1, 2019.
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."
On February 6, 2016, New York Governor Andrew Cuomo announced a series of regulations to prevent the use of conversion therapy on LGBT minors. The regulations ban public and private health care insurers from covering the practice in the state, and also prohibit various mental health facilities across the state from conducting the practice on minors. The regulations went into effect on April 27. Governor Cuomo said the following in a statement:
Conversion therapy is a hateful and fundamentally flawed practice that is counter to everything this state stands for. New York has been at the forefront of acceptance and equality for the LGBT community for decades -- and today we are continuing that legacy and leading by example.
On June 16, 2014, the New York State Assembly voted 86–28 to pass a bill that would have prohibited health care providers from trying to change the sexual orientation and/or gender identity of minors. However, the bill subsequently got blocked in the New York State Senate. On April 29, 2015, the New York State Assembly again voted 111–12 to pass a bipartisan bill that would have prohibited health care providers from undertaking conversion therapy. The bill died without a vote in the Senate. A new bill passed the state Assembly by a vote of 116-19 on April 30, 2018, but also did not receive a vote in the Senate.
On January 15, 2019, Bill A576 passed the state Assembly by a vote of 141-7, and passed the state Senate that same day by a vote of 57-4. The bill was signed into law by Governor Andrew Cuomo on January 25, 2019, and took effect immediately upon receiving his signature.
Beginning in 2003, bills pertaining to conversion therapy had passed the state Assembly 11 times.
Prior to statewide prohibition, the following jurisdictions had enacted conversion therapy bans:
- Albany County
- Erie County
- New York City (also explicitly applies to adults)
- Ulster County
- Westchester County
New York has one of the largest LGBT populations in the United States, and the world. Brian Silverman, the author of Frommer's New York City from $90 a Day, wrote that New York City has "one of the world's largest, loudest, and most powerful LGBT communities", and "gay and lesbian culture is as much a part of New York's basic identity as yellow cabs, high-rises, and Broadway theater". As of 2005, New York City was home to an estimated 272,493 self-identifying gay and bisexual individuals. The New York City metropolitan area had an estimated 568,903 self-identifying LGB residents. Meanwhile, New York City is also home to the largest transgender population in the United States, estimated at 50,000 in 2018, concentrated in Manhattan and Queens. Albany, the state capital, is also home to a large LGBT population, as are the cities of Buffalo, Rochester, Yonkers and Syracuse. Each host a variety of LGBT events, bars, cafés, organizations and centers. Fire Island Pines and Cherry Grove are famous internationally as gay holiday resorts with a thriving LGBT scene.
New York State possesses a long history of presence of LGBT people, and has generally been seen as socially liberal in regard to LGBT rights. However, New York also has an older history of LGBT individuals often being convicted in the state. Sexual relations between persons of the same gender (variously described as "sodomy", "buggery" or "sins of carnal nature") were illegal for most of the history of New York from its days as a Dutch colony through its colonization and independence from British rule, until such relations were legalized by judicial action in 1980. Activism for the rights of LGBT people in the state began with the rise of protest actions by the first "homophile" organizations in the 1950s and 1960s, although LGBT activism was propelled into a watershed moment in the 1969 Stonewall riots in Lower Manhattan and the later protests against the apathy of civil and political institutions to the HIV/AIDS crisis. Various organizations were established for LGBT people to advocate for rights and provide human services, the impact of which was increasingly felt at the state level. Over the following years, LGBT people gained more and more visibility, and discussions surrounding LGBT rights became increasingly more prominent and mainstream. In 1980, the New York Supreme Court legalized private consensual same-sex sexual activity, a historic and landmark decision. Simultaneously with legal reforms ongoing in the state, societal and public attitudes toward the LGBT community also evolved, going from general antipathy and hostility to tolerance and acceptance. In the early 21st century, anti-discrimination laws were modified to cover sexual orientation (in 2003) and gender identity (in 2019), a conversion therapy ban was enacted, gender transition laws were relaxed (removing the requirement for surgery amongst others), and hate crime legislation was passed. In 2011, the New York State Legislature passed the Marriage Equality Act, legalizing same-sex marriage in the state. New York became the sixth state in the US to legalize it, after Massachusetts, Connecticut, Iowa, Vermont, and New Hampshire.
In June 2019, in celebration of LGBT Pride Month, Governor Andrew Cuomo ordered that the LGBT pride flag be raised over the New York State Capitol for the first time in New York history. The New York Police Department also apologised for the 1969 Stonewall riots, exactly 50 years later.
A 2017 Public Religion Research Institute poll found that 69% of New York residents supported same-sex marriage, while 24% were opposed and 7% were unsure. Additionally, 75% supported discrimination protections covering sexual orientation and gender identity. 19% were opposed.
|Same-sex sexual activity legal||(Since 1980; codified by legislation in 2000)|
|Equal age of consent|
|Anti-discrimination laws in all areas||(Since 2003 for sexual orientation and since 2019 for gender identity or expression)|
|Same-sex marriages||(Since 2011)|
|Recognition of same-sex couples|
|Stepchild adoption by same-sex couples|
|Joint adoption by same-sex couples|
|Lesbian, gay and bisexual people allowed to serve openly in the military||(Since 2011)|
|Transgender people allowed to serve openly in the military|
|LGBT anti-bullying law in schools and colleges|
|Intersex minors protected from invasive surgical procedures|
|Right to change legal gender without sex reassignment surgery||(Since 2014)|
|Access to IVF for lesbians|
|Automatic parenthood on birth certificates for children of same-sex couples|
|LGBT-inclusive sex education required to be taught in schools|
|Gay and trans panic defense banned||(Since 2019)|
|Conversion therapy banned on minors||(Since 2019)|
|Third gender option||/ (Varies by county and city; only New York City provides a "gender X" option since 2019)|
|Commercial surrogacy for gay male couples||(All surrogacy contracts are banned statewide regardless of sexual orientation)|
|MSMs allowed to donate blood||/ (1 year deferral period; federal policy)|
- Stonewall riots
- LGBT culture in New York City
- LGBT history in New York
- New York Human Rights Law
- Law of New York
- Empire State Pride Agenda
- Easing the Law for New Yorkers Shifting Gender, The New York Times, 7 October 2014
- Walsh, S. M. (June 25, 2017). "NYC Pride Parade Attendance: How Many People Are Expected to Attend?". heavy.com. Retrieved January 28, 2019.
- "New York State Assembly - Bill Search and Legislative Information". nyassembly.gov. Retrieved January 28, 2019.
- "Section 255.17 Adultery". The New York State Senate.
- Chan, Sewell (March 21, 2008). "Is Adultery a Crime in New York?". City Room.
- "First New York couples wed under new same-sex marriage law". CNN. July 25, 2011. Retrieved August 4, 2011.
- New York Times: Jeremy W. Peters, "New York to Back Same-Sex Unions From Elsewhere", accessed August 4, 2011
- "May 14, 2008 Executive Order" (PDF). Archived from the original (PDF) on October 23, 2008. Retrieved November 2, 2013. Cite uses deprecated parameter
- "New York to recognize out-of-state same-sex marriages". Jurist.law.pitt.edu. May 29, 2008. Retrieved November 2, 2013.
- BBC: "NY to recognize same-sex marriage", accessed August 4, 2011
- New York City: "Mayor Giuliani Signs Landmark Domestic Partnership Legislation", accessed August 4, 2011
- "New York City Takes Historic Step on Domestic Partnership", accessed August 4, 2011
- "Hernandez v Robles (2006 NY Slip Op 05239)". Retrieved August 14, 2008.
- National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
- "New York Adoption Law". Hrc.org. December 14, 2009. Archived from the original on November 3, 2013. Retrieved November 2, 2013. Cite uses deprecated parameter
- Fishman, Laura (September 22, 2010). "New York Governor Signs Gay Adoption Bill". Houstonfamilyattorneysblog.com. Retrieved November 2, 2013.
- The Center
- You Gotta Believe
- U.S. Surrogacy Law By State: New York
- Office of the Attorney General: "The Sexual Orientation Non-Discrimination Act ("SONDA")" Archived 2010-11-25 at the Wayback Machine, accessed July 25, 2011
- "EXECUTIVE ORDER NO 33: Prohibiting Discrimination In State Employment On The Basis Of Gender Identity". Governor.ny.gov. Archived from the original on November 5, 2013. Retrieved November 2, 2013. Cite uses deprecated parameter
- "New York gov extends protections to transgender New Yorkers". 365gay.com. Retrieved November 2, 2013.
- "Sexual Orientation And Gender Identity" (PDF). Retrieved June 29, 2014.
- Press, Associated (June 3, 2015). "N.Y. Assembly approves bill to outlaw transgender discrimination – for the 8th consecutive year". LGBTQ Nation. Retrieved January 28, 2019.
- "N.Y. state assembly passes gender expression non-discrimination act, again". LGBTQ Nation. Retrieved June 29, 2014.
- David Badash (June 10, 2014). "Breaking: New York State Assembly Passes Gender Expression Non-Discrimination Act". The New Civil Rights Movement. Retrieved June 29, 2014.
- Fishbein, Rebecca. "State Senate Kills Bill Extending Human Rights Protections To Transgender NYers". Gothamist. Archived from the original on April 26, 2017. Retrieved April 25, 2017. Cite uses deprecated parameter
- Johnson, Chris (May 15, 2018). "N.Y. trans rights bill killed in Senate committee". Washington Blade. Retrieved May 16, 2018.
- email@example.com, Robert Harding. "Cuomo signs GENDA, NY transgender rights bill, and conversion therapy ban". Auburn Citizen. Retrieved January 28, 2019.
- Campaign, Human Rights. "NY Gov. Cuomo Signs Historic Pro-LGBTQ Laws". Human Rights Campaign. Retrieved January 28, 2019.
- "Governor Cuomo Introduces Regulations to Protect Transgender New Yorkers from Unlawful Discrimination". October 22, 2015. Retrieved November 27, 2015.
- "New York State Passes the Gender Expression Non-Discrimination Act". Law and the Workplace. January 17, 2019.
- "DISCRIMINATION ON THE BASIS OF GENDER IDENTITY" (PDF). ny.gov. Retrieved January 28, 2019.
- McKinley, Jesse (October 22, 2015). "Cuomo Planning Discrimination Protections for Transgender New Yorkers". Retrieved January 28, 2019 – via NYTimes.com.
- "Governor Cuomo Announces New Regulations Protecting Transgender New Yorkers from Discrimination - NYS Human Rights". dhr.ny.gov. Retrieved January 28, 2019.
- "New York Anti-Bullying Laws & Policies". StopBullying.gov. March 13, 2012. Retrieved January 28, 2019.
- New York State Assembly: S04691, accessed July 26, 2011
- New York Times: "Pataki Signs Bill Raising Penalties In Hate Crimes", accessed July 26, 2011
- Buffalo News: "Last year saw progress on issues of gay rights", accessed July 25, 2011
- "A00747". New York State Assembly.
- Jadran, Farah (January 6, 2019). "GENDA Bill heads to Gov. Cuomo's desk for final signature". WYSR NewsChannel 9.
- Johnson, Chris (June 30, 2019). "N.Y. becomes eighth state to ban 'gay panic' defense". The Washington Blade.
- Lam, Kristin (June 19, 2019). "New York moves to ban'gay panic and trans' defense, joining five other states". USA Today.
- Human Rights Campaign: New York Birth Certificate Law: Gender Identity Issues Archived 2012-03-11 at the Wayback Machine, accessed July 25, 2011
- Trotta, Daniel (October 10, 2018). "Gender-neutral X on NYC birth certificates". news.com.au.
- "Gender X: New York City now recognizes third gender". Hawaii News Now. October 9, 2018.
- "Gender 'X': New York City to add third gender option to birth certificates". NBC News. September 12, 2018.
- "X marks the gender under birth certificate bill passed by the City Council, Mayor expected to sign into law". New York Daily News. September 12, 2018.
- "New Yorkers to get third gender option on birth certificates". The Guardian. September 12, 2018.
- "The New York City Council - File #: Int 0954-2018". legistar.council.nyc.gov. Retrieved January 28, 2019.
- Rodriguez, Mathew (January 5, 2019). "New York City Now Has a Third Gender Option on Its ID Cards". out.com.
- Pereira, Ivan (January 15, 2019). "'X' gender option now available on IDNYC cards". AM Network.
- Village Voice: John Surico, "The Insane Immaturity of Albany's Gay Defamation Case," June 2, 2012, accessed June 2, 2012
- New York Times: "Label of Gay Is No Longer Defamatory, Court Rules," May 31, 2012, accessed June 2, 2012
- "Governor Cuomo Announces Executive Actions Banning Coverage of Conversion Therapy". Governor Andrew M. Cuomo. February 6, 2016. Retrieved January 28, 2019.
- CNN, Eugene Scott. "Andrew Cuomo announces regulations to prevent gay 'conversion therapy' - CNNPolitics". CNN. Retrieved January 28, 2019.
- "Regulations". www.omh.ny.gov. Retrieved January 28, 2019.
- "NY Assembly passes conversion therapy ban for kids". Wall Street Journal. June 16, 2014.
- "US: New York Senate blocks 'gay cure' therapy ban, trans anti-discrimination bill". PinkNews. June 21, 2014.
- Reports, Staff (April 30, 2015). "N.Y. Assembly votes to ban conversion therapy for LGBT youth; Senate passage unlikely". LGBTQ Nation. Retrieved January 28, 2019.
- A04958 Text: "Sexual orientation change efforts" (i) means any practice by a mental health professional that seeks to change an individual's sexual orientation, including, but not limited to, efforts to change behaviors, gender identity, or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex and (ii) shall not include counseling for a person seeking to transition from one gender to another, or psychotherapies that: (A) provide acceptance, support and understanding of patients or the facilitation of patients' coping, social support and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and (B) do not seek to change sexual orientation.
- "New York A04958 - 2015-2016 - General Assembly". LegiScan. Retrieved January 28, 2019.
- "New York State Assembly - Bill Search and Legislative Information". nyassembly.gov. Retrieved January 28, 2019.
- "New York State Assembly - Bill Search and Legislative Information". nyassembly.gov. Retrieved January 28, 2019.
- "Assembly Passes Measure to Prohibit Conversion Therapy for Minors". New York State Assembly. April 30, 2018. Retrieved June 2, 2018.
- "New York to become 15th state to ban 'gay conversion therapy'". www.nbcnews.com. Retrieved January 28, 2019.
- Sandra Tan (February 8, 2018). "Advocates speak in favor of banning gay conversion therapy in Erie County". buffalonews.com. Retrieved January 28, 2019.
- Dunne, Allison. "Ulster County Legislator Proposes Conversion Therapy Ban For Minors". www.wamc.org. Retrieved January 28, 2019.
- "Conversion therapy banned in Westchester". News 12 Westchester. October 19, 2018.
- "Latimer proposes ban on conversion therapy". MidHudsonNews.com. June 2, 2018. Retrieved June 2, 2018.
- Julia Goicichea (August 16, 2017). "Why New York City Is a Major Destination for LGBT Travelers". The Culture Trip. Retrieved February 3, 2019.
- Eli Rosenberg (June 24, 2016). "Stonewall Inn Named National Monument, a First for the Gay Rights Movement". The New York Times. Retrieved February 3, 2019.
- "Workforce Diversity The Stonewall Inn, National Historic Landmark National Register Number: 99000562". National Park Service, U.S. Department of the Interior. Retrieved February 3, 2019.
- Silverman, Brian. Frommer's New York City from $90 a Day (Volume 7 of Frommer's $ A Day). John Wiley & Sons, January 21, 2005. ISBN 0764588354, 9780764588358. p. 28.
- Gary J. Gates (October 2006). "Same-sex Couples and the Gay, Lesbian, Bisexual Population: New Estimates from the American Community Survey" (PDF). The Williams Institute. The Williams Institute. Retrieved September 4, 2016.
- Bill Parry (July 10, 2018). "Elmhurst vigil remembers transgender victims lost to violence and hate". New York Daily News. Retrieved November 11, 2018.
- "LGBTQ pride flag raised over the State Capitol for the first time in NY State history". Rochester First.com. June 5, 2019.
- Browning, Bil (June 6, 2019). "50 years later, NYPD finally apologizes for raiding Stonewall Inn". LGBTQ Nation.
- "PRRI – American Values Atlas". ava.prri.org. Retrieved January 28, 2019.
- "New York prepares to legalize commercial surrogacy—as the rest of the world bans it". Life Site News. February 19, 2019.