Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Intersex Infant Surgery
    ✔ Full ban
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    Ambiguous
    Age of Consent
    ✔ Equal
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Public opinion in New York appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

LGBTQ youth who have experienced discrimination

Experienced discrimination based on sexual orientation or gender identity
Did not experience discrimination based on sexual orientation or gender identity

LGBTQ youth who reported being threatened with or subjected to conversion therapy

Not subjected to or threatened with conversion therapy
Threatened with conversion therapy
Subjected to conversion therapy

Perception of LGBTQ+ People

Survey results from 12 LGBTQ+ Equaldex users who lived in or visited New York.

Overall

Overall

Perceived Safety*

Feel safe being open
Absence of verbal harassment
Absence of threats and violence
*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.

Equal Treatment

Treatment by peers
Treatment by family
Treatment at work
Treatment at school
Treatment by general public
Treatment by businesses
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation

Inclusion in education
Representation in entertainment
Representation in news
Political support
Out public figures

Culture

Pride/events
Nightlife
Dating life
Interest groups and clubs

Services

Health and wellness
Gender-affirming care
Support and social services
Advocacy and legal

History

Homosexual activity in New York

?

Homosexual activity in New York is legal.

Current status
Since Dec 18, 1980
Legal
Homosexuality has been legal since the New York v. Onofre case in 1980.
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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)
May 29, 2008–Jun 23, 2011
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.

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.
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Right to change legal gender in New York

?

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

Current status
Since Jun 24, 2021
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. Driver's Licenses and Permits and Birth Certificates all have the X gender marker, this allows people of all genders to select the marker without repercussions.
Sources:
health.ny.gov/press/release…~:text=New%20Yorkers%20aged%2017%20years,a%20"X"%20gender%20designation.
nysenate.gov/legislation/bi…
nysenate.gov/legislation/bi…
health.ny.gov/press/release…
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Until 2000
Illegal
LGBTQ+ people were not recognized before 1969, Sodomy was illegal. Transgender people were referred as "Cross-dressers", there was no explicit laws on transgender people. Stonewall Riots paved the way for new laws to be enacted.

Gender-affirming care in New York

?

Gender-affirming care in New York is legal.

Current status
Since Jun 12, 2023
Legal
Currently there are no known laws specifically on gender affirming care. New York City has an ordinance for those who are getting gender affirming care the provider cannot be detained for giving gender affirming care. Minors are able to get treatment as well. Under the Family Care Act, Families in retaliation of the minor's gender affirming care will have to subject to court where the child maybe removed from the home due to retaliation. New York City also passed an safe haven executive order stating anyone doing gender affirming care, or receiving gender affirming care in a state where it is illegal and punishable will not face punishment in New York City. New York follows ICD-10 under the WHO organization, minors and adults have to get a gender diagnoses before being treated and or have been treated by a medical professional.
Sources:
nyc.gov/office-of-the-mayor…~:text=The%20executive%20order%20prevents%20the,services%20in%20New%20York%20City.
nyclu.org/press-release/nyc…
nyc.gov/assets/home/downloa…
icd10data.com/ICD10CM/Codes…
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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, 2021
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.

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.
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LGBT employment discrimination in New York

?

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

Current status
Since Jan 25, 2019
Sexual orientation and gender identity
The NY State Senate passed a bill called The Gender Expression Non-Discrimination Act, it was signed in Jan 2019 but did not take effect until February 2019. This law prohibits any and ALL work-place discrimination.
Sources:
nysenate.gov/legislation/bi…~:text=Prohibits%20discrimination%20based%20on%20gender%20identity%20or%20expression%3B%20defines%20"gender,expression%20is%20different%20from%20that
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Until Jan 25, 2019
No protections
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. Additionally, sources also states there was another law that has been since renamed so it is unclear when there was no protections.
Sources:
dhr.ny.gov/agency-history#:~:text=In%201945%2C%20Governor%20Thomas%20E,%2C%20color%2C%20and%20national%20origin.

ocfs.ny.gov/main/employment…~:text=Protected%20classes%20include%3A%20race%2C%20creed,familial%20status%2C%20and%20gender%20identity.
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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.
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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
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Intersex infant surgery in New York

?

Intersex infant surgery in New York is full ban.

Current status
Since Nov 8, 2023
Full ban
Gov. Hochul signed Senate Bill S5399, giving parents information about intersex infants. This will ensure parents are given the right information about the surgeries. Gov. Hochul said “Every individual in New York deserves to be treated with dignity and respect by our medical system, especially our kids. This new law is a significant step forward to raise awareness of the intersex community and ensure they get informed and compassionate medical care." Infants are not required to have the surgery unless it is medically necessary for the child, ie having complications relating to intersex.
Sources:
nyc.gov/site/doh/health/hea…~:text=Surgeries%20for%20intersex%20infants%20should,the%20infant%20were%20not%20intersex.&text=Parents%20and%20guardians%20do%20not,intersex%20youth%20against%20their%20consent.
nysenate.gov/legislation/bi…
governor.ny.gov/news/govern…
spectrumlocalnews.com/nys/c…
legislation.nysenate.gov/pd…
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Until Nov 8, 2023
Not banned
New York didn’t make any intersex infant surgery bans until November 2023.
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Serving openly in military in New York

?

Serving openly in military in New York is legal.

Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.


A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Apr 11, 2019–Feb 26, 2021
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
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Sep 20, 2011–Apr 11, 2019
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Dec 21, 1993–Sep 20, 2011
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Sources:
gpo.gov/fdsys/pkg/PLAW-104p…
catalog.archives.gov/id/122244870 *official document for DADT signed by Former President Clinton*
gao.gov/assets/nsiad-92-98.pdf *study from 1992 to 1998*
history.com/news/dont-ask-d…
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Blood donations by MSMs in New York

?

Blood donations by MSMs in New York is legal.

Current status
Since May 11, 2023
Legal under federal United States law
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.
Apr 2, 2020–May 11, 2023
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
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Dec 21, 2015–Apr 1, 2020
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Sources:
web.archive.org/web/2015010…//www.fda.gov/biologicsbloodvaccines/bloodbloodproducts/questionsaboutblood/ucm108186.htm
vox.com/2015/12/21/10635076…
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1983–Dec 21, 2015
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
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Conversion therapy in New York

?

Conversion therapy in New York is ambiguous.

Current status
Since Jan 25, 2019
Ambiguous
New York has passed a law regarding conversion therapy for minors under the age of 18. Over the age of 18, people can be subjected to conversion therapy.

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.