💬 NEW! Join Equaldex's LGBTQ+ Discord to discuss LGBT rights and chat!

LGBT Rights in New York State

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Non-binary gender recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal

Public opinion in New York appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

History

Homosexual activity in New York

?

Homosexual activity in New York is legal.

Current status
Since Jun 26, 2003
Legal
U.S. Supreme Court decision superseding any state or local statute making such activity illegal.
Added by Mikeylito  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in New York

?

Same-sex marriage in New York is legal.

Current status
Since Jun 24, 2011
Legal
Marriage Equality Act was signed into law by Former Governor Cuomo on June 24, 2011, allowing same-sex couples to marry legally in New York for the first time.

The New York City Clerk started issuing Marriage Licenses and performing civil marriage ceremonies for same-sex couples on July 24, 2011.

The USA also followed later in 2015 with the Marriage Equality Act (2015)
Added by Mikeylito  ·  0 accurate votes  ·  Report Error  ·  Log

May 29, 20082011
Foreign same-sex marriages recognized only
In this context, "foreign" is defined as same-sex marriages legally performed in other jurisdictions but heretofore unrecognized by New York State.
Added by Mikeylito  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in New York

?

Censorship of LGBT Issues in New York is no censorship.

Current status
No censorship
Strong anti-discrimination policies and no active censorship measures.
Added by tsusamu  ·  1 accurate vote  ·  Report Error  ·  Log

Right to change legal gender in New York

?

Right to change legal gender in New York is legal, no restrictions.

Current status
Since 2017
Legal, no restrictions
The Gender Recognition Act allows for LGBTQ people to change their gender on their drivers licenses or permits. Anyone over 17 is able to do so without a parent, Under 17 requires a parent. Gender Recognition Act was introduced in 2017 but was made law in 2021, and is still currently active. Gender Recognition Act repelled subdivision 1 of section 502 of the vehicle and traffic law, which requires an applicant for a driver license to submit proof of fitness. That has been repelled under GRA,
Sources:
health.ny.gov/press/release…~:text=New%20Yorkers%20aged%2017%20years,a%20"X"%20gender%20designation.
nysenate.gov/legislation/bi…
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in New York

?

Legal recognition of non-binary gender in New York is recognized.

Current status
Since Jun 12, 2020
Recognized
Across the State as of June 2021 gender marker X was signed by Governor Hochul, The bill was first introduced in 2004, It was sitting in congress until 2021 then they made a motion to pass it. Assembly Bill A5465D, Gender Recognition Act.
Sources:
governor.ny.gov/news/govern…~:text=On%20May%2027%2C%202022%20Governor,that%20conforms%20with%20their%20identity.


nysenate.gov/legislation/bi…
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in New York

?

LGBT discrimination in New York is illegal.

Current status
Since Jan 16, 2003
Illegal
SONDA was passed in early 2003, making illegal for employers to discriminate against employees. This also includes Transgender people.
Sources:
ag.ny.gov/resources/individ…~:text=SONDA%2C%20which%20was%20passed%20by,orientation%20from%20that%20date%20forward.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Until Jan 13, 2003
Illegal
In all areas of Discrimination. Hate crime only for sexual orientation.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in New York

?

LGBT employment discrimination in New York is sexual orientation and gender identity.

Current status
Since Jan 1, 2018
Sexual orientation and gender identity
According to LGBT Map.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

2003–Jan 1, 2018
Sexual orientation only
State law provides protections from discrimination based on sexual orientation only. However, public state employees are allowed domestic partner benefits. Additionally, public state employees are protected from employment discrimination based on both sexual orientation and gender identification.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in New York

?

LGBT housing discrimination in New York is sexual orientation and gender identity.

Current status
Sexual orientation and gender identity
The Sexual Orientation Non-Discrimination Act, effective as of January 16, 2003, makes it unlawful for anyone in New York State to be discriminated against in employment, housing, credit, education and public accommodations because of their actual or perceived sexual orientation. SONDA, in combination with laws prohibiting discrimination based on marital status, together prohibit discrimination against same-sex couples in employment, housing, credit, education, and public accommodations.

With respect to transgender individuals, SONDA does not explicitly prohibit discrimination based on gender identity and expression. However, SONDA does apply when a transgender person is discriminated against based upon his or her actual or perceived sexual orientation. Furthermore, courts have also held that transgender people are protected under provisions of the New York State Human Rights Law prohibiting discrimination on the basis of sex and/or disability. And in 2009, then-Governor David Paterson issued an executive order prohibiting discrimination in state employment on the basis of gender identity.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 2003–Sep 2, 2018
Sexual orientation and gender identity
From the Change of the of the Criminal Code.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in New York

?

Same-sex adoption in New York is legal.

Current status
Legal
Individuals and couples may adopt, and second-parent adoptions are legal.
Sources:
NY CLS Dom Rel §110
re Jacob, 86 N.Y. 2d 651, 636 N.Y.S. 2d 716, 660 N.E.2d 397(1995)
www.lambdalegal.org/states-region/new-york
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in New York

?

Serving openly in military in New York is legal.

Current status
Since Sep 20, 2011
Legal
Don't Ask, Don't Tell is officially repealed throughout the United States, and gays and lesbians may openly serve.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in New York

?

Blood donations by MSMs in New York is legal.

Current status
Since May 11, 2023
Legal
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Added by 4anahiv  ·  0 accurate votes  ·  Report Error  ·  Log

Apr 2, 2020–May 11, 2023
Banned (3-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Dec 21, 2015–Apr 2, 2020
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Added by JerofDoorhandle  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 1977–Dec 21, 2015
Banned (indefinite deferral)
Federal policy as per Food & Drug Administration
Added by Mikeylito  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in New York

?

Conversion therapy in New York is banned.

Current status
Since Aug 27, 2018
Banned
Banned since 2018 under “New York local law-22” after conversion therapy ruled unconstitutional.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Feb 9, 2016–Aug 27, 2018
Ambiguous
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it. Though it's not actually ambiguous (It is in fact legal), this is the best indicator of the available options.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in New York

?

Equal age of consent in New York is equal.

Current status
Equal
The age of consent in New York is 17 for heterosexual and homosexual sex.
Added by Mikeylito  ·  0 accurate votes  ·  Report Error  ·  Log