By Jason J. McGuire

There has been much attention on Colorado Governor Bill Ritter’s (D) recent signing of SB200, a bill that is widely perceived as a political payback to the openly homosexual Tim Gill.

Asm. Cole (R - Alden) speaks out against GENDA

While Colorado’s SB200 is now law, there has been little attention given to New York’s own version of this bill, known as A6584-A, the Gender Expression Non-Discrimination Act (GENDA).  The New York State Assembly passed GENDA on Tuesday, June 3, 2008.  GENDA would also open all “public accommodations”, including restrooms and high school locker rooms, to both biological genders, if that individual chooses to express their gender identity in a manner not traditionally associated with their anatomical design (i.e. cross-dressers or transvestites). 

Colorado’s version includes an exemption for churches, mosques and synagogues, but no such exemption exists in New York’s GENDA.  A church’s gender-specific restroom would become equal access for both men and women, depending upon how a person chooses to self-identify.  Additionally, there is no protection for the business owner whose religious conviction cannot ignore the fact that every person is created either “male or female” (Gen. 1:27).

The bill also creates a public safety concern; sexual predators or those simply practicing voyeurism gain legal cover to enter facilities that would place women and children in particularly vulnerable positions.  While it is true that men dressed as women could already be entering restrooms, it is presently illegal and charges could be filed.  If GENDA is ever signed into law, no charges could be filed unless it is proven that a sexual crime occurred.  Women and children deserve protections and a right to privacy that GENDA would erode.

GENDA is a potential boon for trial lawyers.  Churches, day care centers and businesses are today putting stronger policies in place to protect children from sexual abuse and women from harassment in the workplace.  GENDA would unravel many of the gains that have been made in recent days.

While it was no surprise that Democratic Members of the New York State Assembly, Daniel O’Donnell, Deborah Glick and Susan John, were instrumental in getting GENDA out for a floor vote, it was disturbing to Christians that, according to Assemblyman Dick Gottfried (D- Manhattan), the bill’s sponsor, “There was no objection voiced to the bill” when the Democrats discussed it in conference (“GENDA Headed for Assembly Approval,” Gay City News, 5/29/2008).

Perhaps even more disturbing to pro-family leaders, is the number of Republicans that caved on this issue. Republican Members of Assembly from the North Country, Binghamton and most members of the Long Island delegation voted to approve GENDA. 

Members of Assembly Cole (R – Alden), Peter Lopez (R – Schoharie) and Saladino (R – Massapequa) all spoke in opposition to the bill during floor debate.  Their statements and questions were compassionate and sensitive to the dozen or so transgender people seated in the gallery to witness the debate and eventual passage of the bill. The experience was reminiscent of the June 2007 debate concerning same-sex marriage.  In both of the debates, opponents of the bill were respectful of people whose lifestyle choices were different from their own, yet firm in their convictions. 

The New York State Assembly Codes Committee approved GENDA and then it went to a full floor vote. The Senate version, S3753-A, sponsored by Senator Duane (D – Manhattan) has not moved in the Republican-controlled Senate.