New York
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| LGBT rights in New York | |
|---|---|
 New York (USA) |
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| Same-sex sexual activity legal? | Legal since 1980 (New York v. Onofre) |
| Gender identity/expression | No |
| Recognition of relationships |
Same-sex marriage performed and recognized in the state. |
| Adoption | Yes |
| Discrimination protections | Yes, sexual orientation only (see below) |
The expansion of LGBT rights in the U.S. state of New York is a recent phenomenon, with most advances in LGBT rights occurring in the 1990s and 2000s. The advocacy movement for LGBT rights in the state has roots dating back to the Stonewall riots in New York City in 1969, which was also a watershed moment for the international inception of LGBT rights advocacy.
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[edit] Laws against homosexuality
All existing laws against private consenting homosexual sexual conduct between adults were abolished by the New York Court of Appeals in the 1980 case New York v. Onofre, with the exception of laws affecting employees of the New York National Guard. Repeal of the state National Guard's restrictions took effect in 2000.[citation needed]
[edit] Recognition of same-sex relationships
On June 24, 2011, the Legislature passed and the Governor signed the Marriage Equality Act allowing same-sex marriages to be performed in New York State.[1] The law took effect on July 24, 2011.
Before July 24, 2011, New York only recognized same-sex marriages performed in other jurisdictions since 2008, when Governor David Paterson issued an executive directive for all state agencies to recognize such marriages.[2][3][4][5] New York City has recognized domestic partnerships since 1998, when Mayor Rudy Giuliani signed a law establishing them.[6][7]
Before the passage of the Marriage Equality Act, the New York Court of Appeals held that New York law did not permit same-sex marriage and that there was no state constitutional right to same-sex marriage.[8]
New York has provided benefits to same-sex partners of state employees since 1995.[9]
[edit] Adoption
New York law allows an LGBT individual and same-sex couple to petition to adopt.[10][11]
[edit] Discrimination protection
In 2003, New York's Sexual Orientation Non-Discrimination Act (SONDA) took effect. SONDA "prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights."[12]
On December 16, 2009, Governor David Paterson issued an executive order banning discrimination based on gender identity in state employment.[13][14]
In 2008, 2009, 2010, 2011 and 2012, the state Assembly passed the Gender Expression Non-Discrimination Bill (GENDA). The bill has not passed the state Senate.[15][16][17][18][19][20]
[edit] Hate crime laws
The Hate Crimes Act of 2000 covers sexual orientation but not gender identity.[21][22][23]
[edit] Gender reassignment
New York issues new birth certificates to persons born in the state who have undergone sex reassignment surgery, though the practice is not covered by state statute.[24]
[edit] Defamation
On May 30, 2012, in the case of Yonaty v. Mincolla, a unanimous four-judge panel of the New York Appellate Division held that labeling someone "gay" or a "homosexual" can no longer be grounds for defamation. Justice Thomas Mercure wrote: "In light of the tremendous evolution in social attitudes regarding homosexuality...it cannot be said that current public opinion supports a rule that would equate statements imputing homosexuality with accusations of serious criminal conduct or insinuations that an individual has a loathsome disease."[25] The ruling is subject to appeal.[26]
[edit] See also
[edit] References
- ↑ "First New York couples wed under new same-sex marriage law". CNN. July 25, 2011. Retrieved August 4, 2011.
- ↑ New York Times: Jeremy W. Peters, "New York to Back Same-Sex Unions From Elsewhere", accessed August 4, 2011
- ↑ May 14, 2008 Executive Order
- ↑ New York to recognize out-of-state same-sex marriages
- ↑ BBC: "NY to recognize same-sex marriage", accessed August 4, 2011
- ↑ New York City: "Mayor Giuliani Signs Landmark Domestic Partnership Legislation", accessed August 4, 2011
- ↑ "New York City Takes Historic Step on Domestic Partnership", accessed August 4, 2011
- ↑ "Hernandez v Robles (2006 NY Slip Op 05239)". Retrieved August 14, 2008.
- ↑ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
- ↑ New York Adoption Law
- ↑ New York Governor Signs Gay Adoption Bill
- ↑ Office of the Attorney General: "The Sexual Orientation Non-Discrimination Act ("SONDA")", accessed July 25, 2011
- ↑ EXECUTIVE ORDER NO 33: Prohibiting Discrimination In State Employment On The Basis Of Gender Identity
- ↑ New York gov extends protections to transgender New Yorkers
- ↑ A06584
- ↑ A05710
- ↑ New York State Assembly: A05039, accessed July 25, 2011
- ↑ New Civil Rights Movement: "Lost In NY Marriage Shuffle: GENDA Passes Assembly, Stalls In Senate", accessed July 25, 2011
- ↑ Now Public: "GENDA Fails to Pass in New York State Senate Committee", accessed July 25, 2011
- ↑ [1]
- ↑ New York State Assembly: S04691, accessed July 26, 2011
- ↑ New York Times: "Pataki Signs Bill Raising Penalties In Hate Crimes", accessed July 26, 2011
- ↑ Buffalo News: "Last year saw progress on issues of gay rights", accessed July 25, 2011
- ↑ Human Rights Campaign: New York Birth Certificate Law: Gender Identity Issues, accessed July 25, 2011
- ↑ Village Voice: John Surico, "The Insane Immaturity of Albany's Gay Defamation Case," June 2, 2012, accessed June 2, 2012
- ↑ New York Times: "Label of Gay Is No Longer Defamatory, Court Rules," May 31, 2012, accessed June 2, 2012
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[edit] Organizations
[edit] References
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- ↑ "First New York couples wed under new same-sex marriage law". CNN. July 25, 2011. Retrieved August 4, 2011.
- ↑ New York Times: Jeremy W. Peters, "New York to Back Same-Sex Unions From Elsewhere", accessed August 4, 2011
- ↑ May 14, 2008 Executive Order
- ↑ New York to recognize out-of-state same-sex marriages
- ↑ BBC: "NY to recognize same-sex marriage", accessed August 4, 2011
- ↑ New York City: "Mayor Giuliani Signs Landmark Domestic Partnership Legislation", accessed August 4, 2011
- ↑ "New York City Takes Historic Step on Domestic Partnership", accessed August 4, 2011
- ↑ "Hernandez v Robles (2006 NY Slip Op 05239)". Retrieved August 14, 2008.
- ↑ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
- ↑ New York Adoption Law
- ↑ New York Governor Signs Gay Adoption Bill
- ↑ Office of the Attorney General: "The Sexual Orientation Non-Discrimination Act ("SONDA")", accessed July 25, 2011
- ↑ EXECUTIVE ORDER NO 33: Prohibiting Discrimination In State Employment On The Basis Of Gender Identity
- ↑ New York gov extends protections to transgender New Yorkers
- ↑ A06584
- ↑ A05710
- ↑ New York State Assembly: A05039, accessed July 25, 2011
- ↑ New Civil Rights Movement: "Lost In NY Marriage Shuffle: GENDA Passes Assembly, Stalls In Senate", accessed July 25, 2011
- ↑ Now Public: "GENDA Fails to Pass in New York State Senate Committee", accessed July 25, 2011
- ↑ [1]
- ↑ New York State Assembly: S04691, accessed July 26, 2011
- ↑ New York Times: "Pataki Signs Bill Raising Penalties In Hate Crimes", accessed July 26, 2011
- ↑ Buffalo News: "Last year saw progress on issues of gay rights", accessed July 25, 2011
- ↑ Human Rights Campaign: New York Birth Certificate Law: Gender Identity Issues, accessed July 25, 2011
- ↑ Village Voice: John Surico, "The Insane Immaturity of Albany's Gay Defamation Case," June 2, 2012, accessed June 2, 2012
- ↑ New York Times: "Label of Gay Is No Longer Defamatory, Court Rules," May 31, 2012, accessed June 2, 2012
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