New York recognizes the gender of trans people. I.E. trans women are considered women, trans men are men, and non-binary people, at least in some instances are recognized as non-binary. Some recognition may require identification documentation changes, and some organizations or agencies may not fully recognize these changes.
New York is a "sanctuary state" for adults and kids receiving trans medical care.
- Trans people are specifically named in New York non-discrimination laws.
- Trans people are allowed to use the facilities they are comfortable in, including bathrooms, showers, locker rooms, etc. Legal documentation of your gender is not required for this protection.
- Public accommodations/businesses with single-occupancy bathrooms are required to sign these for all gender and allow access to all genders.
- Despite state law, Nassau County (on Long island) issued an executive order banning permits for any sports organization that allows trans women or girls to play women's/girl's sports. A judge on May 10, 2024, blocked this order citing a lack of authority of the county executive to issue a ban on trans athletes. However, Nassau County then approved the transphobic law (updated June 24, 2024).
- Drag performance and cross-dressing is legal in New York.
See the USA TSA document.
- While most jails/prisons have regulations that, in theory, would consider gender identity in housing decisions, these regulations are often ignored and trans people are often housed according to sex assigned at birth.
- NYC jails, like jails in many places, are cruel and particularly dangerous for trans people. In 2019, a trans woman, Layleen Polanco Xtravaganza, was killed through indifference, willful neglect, and solitary confinement by the NYC jail system. This resulted in a $5.9 million payout by the city. She was in jail for inability to pay bail.
- On Sept. 22, 2023, NYPD was sued for apparent failure to comply with a previous court order regarding the treatment of trans people.
- There is no legal definition of male/female in New York.
Non-binary people are recognized, at least by some aspects of government, such as in the ability to change birth certificates, driver licenses, and data gathering. However, non-binary recognition is still incomplete in New York.
Intersex people are recognized in some laws, such as a law requiring some education for medical providers on intersex issues.
- Trans medical care is legal for all ages
- New York has a sanctuary law for people obtaining transition-related medical care.
- New York will not extradite people for violating another state's laws against medical transition.
- In addition to the state law, New York City has issued an executive order prohibiting cooperation with prosecution of a person for receiving or providing transgender care.
- Transition care is not defined as child abuse
- Same-sex marriage (and thus all trans marriage) is recognized
- Nassau County Trans Athlete Ban Law
- 2023 S2475B - State Sanctuary Law
- New York City EO 32 - Sanctuary City Order
While there are many visibly trans people in NYC, and NYC is home to some leading LGBT medical centers, hate crimes against LGBT people also occur in NYC, including stabbings of trans women as well as trans women (and cis women who appear trans) being denied access to appropriate bathrooms even in some gay establishments. Trans women have faced violence while using public transit. LGBT bars, and monuments have also been targeted by both [violent and non-violent transphobic and homophobic people. In addition, a cis woman was violently attacked by a Staten Island store clerk while attempting to make a purchase at a store, likely due in part to the mistaken impression by the clerk that she was trans. While these acts are the exception, it is important to be aware of surroundings even while in apparently queer-friendly locations.
Because of the rhetoric around trans people in the political and media space, trans people should use caution, particularly in bathrooms, locker rooms, showers, etc. Random and targeted attacks may occur, and trans people who report these attacks can expect to sometimes be misgendered by officials and public institutions.