BILL NUMBER: S8195

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the executive law and the general municipal law, in
relation to requiring an "X" gender marker to be included in certain
documents utilized by state agencies, public authorities and munici-
palities

 
PURPOSE:

This bill will require all state agencies, public authorities, and muni-
cipalities to include an "X" gender marker for individuals who do not
identify as male or female on any form requiring such information.

 
SUMMARY OF PROVISIONS:

Section one amends the executive law by adding a new section 170-e.

Section two amends general municipal law by adding a new section 99-x.

              

Section three sets forth the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

Transgender, gender non-conforming and non-binary (TGNCNB) people are
discriminated against because of how they identify, outside the conven-
tional norms of male and female. In going about daily life like anyone
else, members of this community struggle with societal efforts to force
them to conform to an identity that does not represent them.  This may
come in the form of being mis-gendered or a more passive form of
discrimination, such as being required to declare themselves either male
or female on government documents, despite this not being a true repre-
sentation of themselves. Violence against TGNCNB people is on the rise
and according to the Human Rights Campaign, at least 44 TGNCNB people
were killed nationwide in acts of violence in 2020, the highest number
of deaths they have recorded in a single year.

In March 2021, the New York Civil Liberties Union and Legal Services NYC
filed a lawsuit against New York State's Office of Temporary and Disa-
bility Assistance (OTDA), alleging that the agency is discriminating
against TGNCNB people by not providing a gender marker other than male
or female on documents that applicants must complete.  As the TGNCNB
community interacts with government agencies, they should not have to
misrepresent who they are. The pressure to conform to a system that does
not recognize TGNCNB people can be severely detrimental to their mental
health and emotional well-being. In fact, a 2015 study of transgender
adults found that 51% of respondents had attempted suicide that year
while 98% of respondents who had faced discrimination and violence had
previously considered suicide.

New York State must properly recognize TGNCNB people; one of the
simplest ways to begin doing so is by requiring an "X" gender-marker as
an option on all government-issued forms that require an individual to
specify a gender or sex. An act as simple as having the ability to
select an accurate gender marker will affirm that New York State values
TGNCNB people for who they are. This legislation will require all state
agencies, public authorities and municipalities to include an "X" gender
marker for individuals who do not identify as male or female on any form
requiring such information.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
LOCAL FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.