The New York State Assembly just took one giant leap forward in making life safer for transgender and nonbinary people. On Thursday, the Assembly passed the Gender Recognition Act, a comprehensive revision of state laws that will make it easier for New Yorkers to change the gender markers on documents like driver’s licenses and birth certificates.
The bill is now headed to Governor Andrew Cuomo’s desk. If signed, it will eliminate the need to submit “proof” from medical professionals before changing one’s gender identification on state documents, and individuals will instead be able to confirm their own gender identities. The bill will also add the option of an “X” gender marker on state documents, allow children to change their gender markers with their parents’ permission, and give parents the option to select “father,” “mother,”or “parent,” on their child’s birth certificate.
Additionally, the legislation — which is also known as S.4402B — does away with an archaic law requiring people to publish their name changes in the newspaper.
The bill was introduced by two history-making legislators: Assembly Member Daniel O’Donnell (D-69th District), the first out gay man ever elected at the state level in New York, and Senator Brad Hoylman (D-27th District), the first and only out gay member of the New York Senate.
“Today is a proud day for New York State, as we secure our standing as a leader in LGBTQ rights and ensure that transgender, nonbinary, and intersex New Yorkers have the equality and dignity they deserve,” O’Donnell said in statement. “No one should face overwhelming financial, medical, and bureaucratic barriers simply to have their existence officially recognized.”
The bill passed after years of advocacy from LGBTQ+ organizations, which are now calling on Cuomo to sign the bill as soon as possible.
Ethan Rice, senior attorney with the Fair Courts Project at Lambda Legal, celebrated the GRA’s passage in a statement. “Lambda Legal applauds the passage of the Gender Recognition Act (GRA), an important and long-awaited bill we have strongly supported for years,” Rice said, adding that it will “ensure all transgender, nonbinary and gender non-conforming New Yorkers have access to correct documentation.”
Lambda Legal helped draft an initial version of the bill, which intends to remove some of the harmful barriers transgender and nonbinary New Yorkers currently face when attempting to change their identification documents. The 2015 U.S. Transgender Survey found that only 12% of New Yorkers had been able to successfully update their IDs, in part due to the costly legal fees associated with the process. The survey also found that 25% of respondents faced harassment after showing an ID that did not match their gender presentation.
Allie Bohm, a spokesperson for the New York Civil Liberties Union (NYCLU), emphasized the importance of being able to update IDs.
“Identity documents are required to rent an apartment, access public benefits, open a bank account, enroll a child in school, and drive a vehicle,” she said in a statement. “An accurate identity document can make or break an encounter with the police. Transgender, gender nonconforming, and non-binary New Yorkers deserve identity documents that reflect who they are and enable them to fully participate in society.”
Bohm also acknowledged the “tireless work” of organizers at Empire Justice Center and the Transgender Legal Defense and Education Fund (TLDEF), LGBTQ+ advocacy groups that have long fought for the changes this bill would enact.
Across the country, laws vary widely between states regarding the requirements to amend identity documents. According to the Movement Advancement Project (MAP), 8 states require proof that an individual has undergone confirmation surgery, a court order, or a corrected birth certificate before they can apply for an updated driver’s license or state ID. Just 25% of trans respondents reported having received some form of gender-affirming surgery in the National Center for Trans Equality (NCTE) 2015 survey.
Meanwhile, 30 states do not offer “X” markers for trans, nonbinary, and intersex residents.
Eòghann Renfroe, policy and communications manager for Empire Justice Center, hopes this bill can be as a model for other states who want to increase protections for marginalized communities.
“This bill is not just about securing documents that reflect our identities as transgender, nonbinary, or intersex people,” Renfroe said in a statement. “It’s about securing our safety, our housing, our education, our health — in all the situations and places where that little ID card or scrap of paper is between us and what we need to survive and thrive.”
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