Bill Update Available Below 

By Jason J. McGuire

In 2002, the New York State Legislature and Governor George Pataki approved the Sexual Orientation Non-Discrimination Act (SONDA), prohibiting discrimination on the basis of sexual orientation and classifying bias-related crimes against homosexuals as hate crimes.

GENDA (A6584-A Gottfried/S3753-A Duane) defines the term “gender identity or expression” as “having or being perceived as having a gender identity, self-image, appearance, behavior, or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth.”  Transgender is different than one’s sexual orientation.  A homosexual person is attracted to someone of the same sex, but transgender people believe that at some level in their physiological makeup, they are a different gender than traditionally associated with their anatomical design.

GENDA would prohibit discrimination based on gender identity or expression (behavior such as transvestitism) and extends protections under the state hate crimes statute to transgender individuals.  GENDA advocates argue that the transgender community faces discrimination in housing, employment, public accommodations and many other areas.  Those who promote expanding the hate crimes statute believe that transsexuals are especially vulnerable to hate crimes.

According to the bill, the legislative intent is not “to promote any particular attitude, course of conduct or way of life.  Rather its purpose is to ensure that individuals who live in our free society have the capacity to make their own choices, follow their own beliefs and conduct their own lives as they see fit, consistent with existing law.”  Pro-family advocates see the bill otherwise.  Many pro-family leaders believe that GENDA grants preferential treatment to transsexual behavior.

Rev. Tom Stiles, of New Yorker’s Family Research Foundation, argues that GENDA would allow anatomical male or female people to use restrooms or locker rooms intended for other genders.  Stiles says, “The whole idea is absurd.  There are not even any provisions in the bill that would prevent a teenage boy from claiming to be transgender, simply so that he could gain access to the girl’s locker room.”

New Yorker’s Family Research Foundation recognizes that the Bible teaches “God created man in his own image, in the image of God created he him; male and female created he them.” (Genesis 1:27). Christians reason that, on the basis of this verse, each person should be respected because of their intrinsic value as beings made in the image of a Holy God.  This is why Christians do not believe the unborn, disabled, elderly, or even people engaging in either homosexual or transgender behavior, should ever be mistreated or abused.  But Christians cannot deny that God created those same individuals as either male or female.  A person’s sex is a God-given identity, woven into their very DNA, not something that is assigned at, or can be changed after, birth.  Thus, the most compassionate stand one can take is not to affirm someone in a lifestyle choice that violates their created purpose, but rather to help them realize the full potential of their created purpose in their God-ordained male or female gender identity.

The Christian lobbying organization New Yorkers for Constitutional Freedoms (NYCF) has been reminding legislators that traditional values should be protected.  NYCF representatives argue, “A woman should have the reasonable expectation that when she enters a local gym changing room, she will not have to share the facilities with a biological man, no matter how he chooses to identify himself.”

On April 30, 2008, the Assembly Government Operations Committee approved GENDA (A6584-A Gottfried) by a 9 to 2 party-line vote.  Democratic Assembly members Destito, Galef, Markey, Eddington, Reilly, Benedetto, Latimer, Peoples and Lancman all voted to approve this bill.  Republican members Saladino and Quinn voted against the bill, with Assemblyman Molinaro excused, due to a scheduling conflict with another committee.

UPDATE: 

On Tuesday, May 20, 2008, GENDA was approved in the Assembly Codes Committee by a vote of 16 to 2. Thirteen Members of Assembly including Lentol, Boyle, Brennan, Cook, Cymbrowitz, Kirwan, Lavine, O’Donnell, Perry, Pretlow, Scozzafava, Titus, Weinstein, Weprin, Wright and Zebrowski voted for the bill.  Assemblymen Amedore and Townsend voted against GENDA.  Assemblyman Schimminger was absent for the vote.

A6584-A now awaits a full floor vote in the Assembly.

The companion bill in the New York State Senate is S3753-A, sponsored by Senator Duane (D, WFP – Manhattan), but it has seen no action under the Republican-controlled Senate.