January 7, 2019

Dear Honorable Governor Andrew M. Cuomo, Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl E. Heastie,

We, the undersigned, write in support of justice, equity and inclusion for all transgender, gender nonconforming and nonbinary (TGNCNB) New Yorkers and urge you to pass critical legislation in the 2019 session.

All New Yorkers deserve the freedom and opportunity to live without the constant fear of discrimination, harassment and violence. Yet despite the increased visibility of the TGNCNB community, New Yorkers who identify across the gender spectrum continue to experience profound barriers to fair treatment under the law and are deprived of access to safe and affirming environments to be who they are. Right now, the lack of fundamental protections for TGNCNB New Yorkers undermines our state’s core values of equality and justice for all.

Because of your continued commitment to civil rights, New York has made important strides forward in support of the LGBTQ community. But now more than ever, we must take the next step to update our state’s laws and safeguard the rights that we hold most dear. For over a decade, our state has been unable to institute legislation to ensure civil rights protections for the TGNCNB community under the Gender Expression Non-Discrimination Act (GENDA). The need to change this narrative is especially urgent, as we witness an escalation of bigoted rhetoric and hate-fueled violence across the country, heightened by the federal government’s hostile attempts to undo longstanding federal civil rights laws for TGNCNB Americans.

Between 2016 and 2017 alone, violence against LGBTQ people drastically increased by 86%. In 2017, New York State had the most anti-LGBTQ related homicides of almost all states. Within the LGBTQ community, transgender people disproportionately experience hate-based violence, and transgender people of color are at a significantly higher risk of being murdered. Of the total number of determined anti-LGBTQ homicides in 2017, 71% of the reported victims were people of color.

We also recognize that one law alone cannot fully address needs of queer, TGNCNB people and people of color, who continue to be disproportionately impacted by hate crimes and targeted by a broken criminal justice system. To most effectively protect all marginalized communities, an important first step is to implement new legislation alongside GENDA that would require the collection and reporting of data on the frequency of hate crimes in New York State. It is critical that this data include the sexual orientation, gender identity, racial identity and ethnic identity of victims, as well as those accused of crimes. This would begin to address not only the epidemic of violence committed against TGNCNB people, but also the overrepresentation of queer, TGNCNB people and people of color who are disproportionately incarcerated.

The freedom and safety of TGNCNB people is further jeopardized by the legal justification of violent crimes against the community through the gay and transgender “panic” defense, an abhorrent legal strategy that blames a victim’s sexual orientation or gender identity for the defendant’s act of violence or murder. Compounded by the lack of explicit protections for gender identity and gender expression under the law, not limiting the use of these defenses disregards the lives of TGNCNB people without holding criminal offenders accountable.

One of the greatest responsibilities that our state has is to our LGBTQ young people and to address the mental health challenges that they face. But a dangerous and medically discredited practice called “conversion therapy” remains legal in New York. Conversion therapy, an ineffective practice that attempts to forcibly change the identities of TGNCNB and other queer people with techniques like shaming, electric shocks and induced vomiting, continues to be a major source of mental trauma for young people who need acceptance and respect—not stigma or mistreatment—to achieve their full potential.

New York can send a strong message of support to the country in the wake of growing hostility against TGNCNB people from the federal government, the disturbing epidemic of targeted violence and the lack of affirming support offered to young people. We call for the passage of GENDA alongside a reporting bill on the Hate Crimes Act, limiting the use of the gay and transgender “panic” defense and an end to conversion therapy practices in New York State.

The 2019 legislative session gives New York an opportunity to live up to its reputation as a civil rights leader, and we look forward to working with you to achieve that goal. With your continued commitment and leadership, we can ensure that New York welcomes, affirms and celebrates TGNCNB people for exactly who they are.

Sincerely,

ACR Health – Q Center
Albany Damien Center
Ali Forney Center
Alliance for Positive Health
APICHA Community Health Center
Bassett Healthcare Network – The Gender Wellness Center
Binghamton University – Lesbian and Gay Family Building Project / Pride and Joy Families
Callen-Lorde Community Health Center
Chinese American Planning Council – Project Reach
Community Awareness Network for a Drug-Free Life and Environment (CANDLE)
Community Health Action of Staten Island (CHASI)
Community Healthcare Network
CRUX Climbing
DBGM
Destination Tomorrow
Empire Justice Center – LGBT Rights Project
Family Counseling Services – Cortland LGBT Resource Center
Gay & Lesbian Youth Services of Western New York (GLYS)
GLSEN
GMHC
Grand Street Settlement
GRIOT Circle
Harm Reduction Coalition
Hetrick-Martin Institute
Hispanic AIDS Forum – Latino Pride Center
Hispanic Health Network
Hudson Valley LGBTQ Community Center
In Our Own Voices
Institute for Human Identity (IHI)
Latino Commission on AIDS
Latino Commission on AIDS
Long Island Crisis Center – Pride for Youth
Long Island Gay and Lesbian Youth (LIGALY)
Long Island LGBT Center
Madison County Council on Alcoholism & Substance Abuse – BRiDGES LGBTQIA Initiative
Metropolitan Community Church of NY (MCCNY)
Montefiore Medical Center – Adolescent AIDS Program
Mount Sinai – Institute for Advanced Medicine
New York Transgender Advocacy Group
Northwell Health – Center for Transgender Care
NY Legal Assistance Group (NYLAG) – LGBT Law Project
NYC Anti-Violence Project
Oasis, Latino LGBTS Wellness Center
Out Alliance
Planned Parenthood Mohawk Hudson
Planned Parenthood of North Country of NY – LGBTQ Services, Education, & Outreach
Planned Parenthood of the Southern Finger Lakes – Out For Health
Pride Center of Staten Island
Pride Center of the Capital Region
Pride Center of Western New York
Princess Janae Place
Queens Community House – Queens Center for Gay Seniors/Generation Q
Queens LGBT Community Center (Q-Center)
Rainbow Access Initiative
Rainbow Heights Club
Rockland County Pride Center
Safe Horizon – Streetwork Project
SAGE
SAGE Long Island
SAGE Upstate
Southern Tier AIDS Program – Identity Youth
St. Lawrence University – SAFE Project
SUNY – The HEAT Program
The Ackerman Institute: Gender & Family Project
The Lesbian, Gay, Bisexual & Transgender Community Center
The LGBT Community Center
The LOFT: LGBT Community Services Center
The National LGBT Cancer Network
The Trevor Project
Transgender Legal Defense & Education Fund (TLDEF)
Translatina Network
Trillium Health
Unity Fellowship Breaking Ground (UFBG)