POLITICS
State Legislature Passes Gender Recognition Act
Bill allows New Yorkers to update ID with “x” gender marker
BY TAT BELLAMY-WALKER AND MATT TRACY
Both chambers of the State Legislature
passed a bill allowing New Yorkers
to update their state IDs and birth
certifi cates with a gender-neutral “x”
designation while also waiving a rule requiring
name changes to be published in newspapers.
The Gender Recognition Act, led by out gay
lawmakers Brad Hoylman, the lead sponsor
in the upper house, and Daniel O’Donnell, the
lead sponsor in the lower chamber, cleared the
State Senate on June 8 and the State Assembly
on June 10. It now goes to Governor Andrew
Cuomo’s desk.
Under the Gender Recognition Act, trans
and non-binary New Yorkers would no longer
feel constrained to conform to a binary gender
on their state-issued ID and would not be
required to present a doctor’s note to change
their gender marker on their ID. Notably, the
bill waives an outdated policy that forced individuals
to publish their legal name change in a
newspaper. Some judges have already waived
these requirements, but only on a case-bycase
basis.
The birth certifi cate provision also solidifi es
a policy in place in New York State that allows
minors to update their birth certifi cate. That
policy, however, is subject to change depending
on who is in power, and this bill would etch the
policy into law — though New York City law already
allows folks to update birth certifi cates
with an “x” gender marker.
Upon the bill’s passage in the upper chamber,
Hoylman marked the moment as a step towards
affi rming trans and non-binary people
in all aspects of public life.
“Each and every New Yorker should be recognized
for who they are by their government,”
Hoylman said. “But today, it remains incredibly
hard for many New Yorkers to get the identifi cation
documents they require for travel, to get
a job, and even to go to school. This bill will
change that, making it easier for gender nonconforming,
transgender, non-binary, and intersex
New Yorkers — including minors — to
get IDs that accurately refl ect their identity.”
Shortly after the bill cleared the Assembly,
O’Donnell paid tribute to the advocates who
pushed the bill forward.
“Today is a proud day for New York State, as
we secure our standing as a leader in LGBTQ
rights and ensure that transgender, non-binary,
and intersex New Yorkers have the equality
and dignity they deserve,” O’Donnell said. “No
one should face overwhelming fi nancial, medical,
and bureaucratic barriers simply to have
their existence offi cially recognized. These obstacles
State Senator Brad Hoylman of Manhattan is lead sponsor of the Gender Recognition Act in the upper house.
only serve to make people’s lives harder
and more dangerous, particularly for trans New
Yorkers of color who too often have limited resources,
face disproportionate rates of violence,
and are already marginalized by our legal system.
I am deeply honored to carry this important
bill and thank all of the trans, non-binary,
and intersex advocates who have worked tirelessly
to shape and support it.”
There was already legal pressure on the
state to take action. Represented by Lambda
Legal, an individual named Sander Saba sued
Governor Andrew Cuomo and DMV Commissioner
Mark Shroeder last year because they
were forced to misrepresent their gender on
their driver’s license. In April of this year, the
state moved to toss the case as moot, saying
they were addressing the issue, but US District
Judge Lewis J. Liman rejected that argument
and would not dismiss the case.
“Lambda Legal applauds the passage of the
Gender Recognition Act (GRA), an important
and long-awaited bill we have strongly supported
for years,” said Ethan Rice, a senior attorney
with Lambda Legal’s Fair Courts Project. “We
helped to draft an initial version of this bill that
updates the protocols around correcting identity
documents for transgender and non-binary
New Yorkers in order to help them navigate life
without having to fear or risk discrimination
and harassment.”
Andy Marra, who is the executive director
of the Transgender Legal Defense & Education
Fund (TLDEF), said TLDEF also worked to secure
key elements of the bill, including waiving
the requirement for medical documentation as
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well as the removal of the publication requirement
in newspapers.
“Along with our colleagues at the Empire
Justice Center and the Gender Recognition Act
Coalition, TLDEF worked closely with state lawmakers
to craft some of the most inclusive legislation
to date,” Marra said in an email. “This
bill can now serve as a model for other states
across the country.”
The Empire Justice Center, which provides
training and legal services to attorneys, offers
civil legal assistance, and works on policy
initiatives, described the bill as one that has
a broader impact beyond updating legal documents.
“This bill is not just about securing documents
that refl ect our identities as transgender,
nonbinary, or intersex people,” Eòghann
Renfroe, the group’s policy and communications
manager, said in a written 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.”
Trans, non-binary and gender non-conforming
individuals often struggle to obtain IDs and
other legal documents that match their gender
identity or expression. Findings from the 2015
US Transgender Survey revealed 12 percent of
trans respondents in New York had an ID that
refl ected their correct name and gender, while
63 percent did not. The survey found that respondents
were more likely to be harassed or
assaulted if they did not have an ID that aligned
with their gender expression.
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