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 Gender confirmation surgery not a requirement for changing New York State and New York City birth certificates
Discrimination protections Yes (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 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 are not fully recognized statewide.

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 state National Guard's restrictions took effect in 2000.[citation needed]

Recognition of same-sex relationships

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Main article: Same-sex marriage in New York

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

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

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Further information: 9 New York Code of Rules and Regulations §466.13

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.

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.[24] 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.[24] On 20 January 2016, 9 New York Code of Rules and Regulations §466.13 went into effect.[25][26][27]

Hate crime laws

The Hate Crimes Act of 2000 covers sexual orientation but not gender identity.[28][29][30]

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.[31]

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."[32] The ruling is subject to appeal.[33]

Sexual orientation change efforts

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.[34] However, the bill subsequently got blocked in the New York State Senate.[35] 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.[36][37]

See also

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ New York Times: Jeremy W. Peters, "New York to Back Same-Sex Unions From Elsewhere", accessed August 4, 2011
  3. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  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. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ Office of the Attorney General: "The Sexual Orientation Non-Discrimination Act ("SONDA")", accessed July 25, 2011
  13. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  14. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  16. ↑ [1]
  17. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  19. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  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. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  24. ↑ 24.0 24.1 Lua error in package.lua at line 80: module 'strict' not found.
  25. ↑ [2]
  26. ↑ Cuomo Planning Discrimination Protections for Transgender New Yorkers
  27. ↑ Governor Cuomo Announces New Regulations Protecting Transgender New Yorkers from Discrimination
  28. ↑ New York State Assembly: S04691, accessed July 26, 2011
  29. ↑ New York Times: "Pataki Signs Bill Raising Penalties In Hate Crimes", accessed July 26, 2011
  30. ↑ Buffalo News: "Last year saw progress on issues of gay rights", accessed July 25, 2011
  31. ↑ Human Rights Campaign: New York Birth Certificate Law: Gender Identity Issues, accessed July 25, 2011
  32. ↑ Village Voice: John Surico, "The Insane Immaturity of Albany's Gay Defamation Case," June 2, 2012, accessed June 2, 2012
  33. ↑ New York Times: "Label of Gay Is No Longer Defamatory, Court Rules," May 31, 2012, accessed June 2, 2012
  34. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  35. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  36. ↑ [3]
  37. ↑ [4]
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