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 transgender people 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 were not fully recognized statewide until October 2015.
Laws against homosexuality
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 law took effect in 2000.
Recognition of same-sex relationships
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. 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. 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
New York law allows LGBT individuals and same-sex couples to petition to adopt.
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 protections
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."
On December 16, 2009, Governor David Paterson issued an executive order banning discrimination based on gender identity in state employment. Courts have ruled that transgender individuals can pursue anti-discrimination claims under the category of sex.
Beginning in 2007, the New York State Assembly has passed the Gender Expression Non-Discrimination Act (GENDA) ten times. Each time it has reached the State Senate, however, the bill has died in that body's Judiciary Committeeâ€"most recently on April 25, 2017, when five Republicans and one Democrat voted against it.
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.
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 NYS DHR issued proposed regulations on November 4, 2015, and will likely issue final regulations shortly after the public comment period closes. New York became the first state in the United States to ban both harassment and discrimination in both the private and public sector. On 20 January 2016, 9 New York Code of Rules and Regulations §466.13 went into effect.
Hate crime laws
The Hate Crimes Act of 2000 covers sexual orientation but not gender identity.
Gender reassignment
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.
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
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." The ruling is subject to appeal.
Conversion therapy
On June 16, 2014, the New York State Assembly voted 86â€"28 to pass a bill that would prohibit 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 111â€"12 to pass a bipartisan bill that would prohibit health care providers from trying to change the sexual orientation and/or gender identity of minors. The bill died without a vote in the Senate.
On February 6, 2016, New York's 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. 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.
See also
- 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