Fighting transgender discrimination in New York
Housing Works plays a major role in advocating for the rights of transgender New Yorkers, who are disproportionately affected by HIV/AIDS.
The Gender Expression and Nondiscrimination Act (GENDA) would prevent discrimination against transgender people by adding “gender identity and expression” to existing New York State human rights laws. In doing so, the state would protect transgender residents against discrimination in employment, housing, public accommodations, education and credit.
While the bill has passed three times in the State Assembly—in 2008, 2009 and 2010—it has yet to pass in the Senate.
Both governors David Paterson and Eliot Spitzer supported the bill, and Gov. Andrew Cuomo has said he would sign the legislation.
In 2011, the bill will have to once again pass the Assembly and the Senate. After an eight-year fight, advocates are hoping that this will be the year GENDA is signed into law.
Here’s how Housing Works helped pass GENDA in the New York State Assembly in the past three years.
December 17, 2002
The State Senate rejects an amendment to the Sexual Orientation Nondiscrimination Act (SONDA) to include housing, healthcare, employment and other antidiscrimination protections for transgender New Yorkers. In the Senate gallery, Housing Works President and CEO Charles King inspires dejected transgender advocates. “Don’t worry,” he says. “We’ll have our own bill. We’ll call it GENDA.”
April 2003
The Gender Identity Nondiscrimination Act (GENDA)—which Housing Works codrafted—is introduced by Assemblyman Dick Gottfried and others into the Assembly. Housing Works State Issues Organizer Mark Hayes spearheads a new GENDA lobbying coalition. His work pays dividends: GENDA clears two Assembly committees—but fails to make it to the Assembly floor.
January 2005
The GENDA coalition turns over leadership of Albany lobbying to one of its members, the Empire State Pride Agenda (ESPA). The state’s foremost LGBT civil rights lobbying group, ESPA potentially brings major muscle to the fledgling effort.
January 1, 2006
Democrat Eliot Spitzer, who endorsed GENDA as a gubernatorial candidate, is inaugurated.
June 20, 2006
At the annual Transgender Day of Action Pride march, King laments publicly that he is the only leader of a high-profile AIDS organization to participate and urges action on GENDA, which is adrift in Albany. Despite, ESPA leadership, GENDA has once again failed to reach a vote in the Assembly.
April 3, 2007
The New York AIDS community loses one of its finest when Hayes dies of esophageal cancer.
June 2007
Despite 69 Assembly cosponsors for GENDA, the legislative session ends for the fifth year in a row with no vote on GENDA. The GENDA coalition publicly criticizes ESPA’s efforts and demands that ESPA hire a GENDA coordinator, commission polling on transgender rights and make GENDA a priority. ESPA eventually meets all of those demands.
November 7, 2007
Transgender protections are sacrificed in order to get ENDA, federal legislation protecting lesbian and gay Americans from workplace discrimination, passed in the House. The echoes of SONDA 2002 anger and inspire GENDA coalition members.
March 17, 2008
David Paterson replaces Spitzer as New York’s Governor. Pro-GENDA, Paterson supported amending SONDA to include transgender protections.
Illo: Paterson
May 2008
After renewed efforts by ESPA and the GENDA coalition, GENDA’s prospects look promising. Along with other groups, Housing Works sends scores of activists, most of them transgender, to lobby legislators. Housing Works weekly AIDS Issues Update repeatedly urges readers to pressure the Assembly to pass GENDA.
June 6, 2008
GENDA passes the Assembly by a vote of 108 to 34. “I was ecstatic,” recalls transgender Housing Works client Djia Xi, who lobbied in Albany. “But the battle isn’t over.” This fall Housing Works and allies will fight to get GENDA passed in the Senate—and signed into law by Paterson.
April 21, 2009
GENDA passes again in the Assembly in a vote of 97 to 38, but never makes it a vote in a Senate committee in 2009.
Dec. 15, 2009
In front of an overflow crowd at the LGBT Community Center, Gov. Paterson signs an executive order prohibiting discrimination on the basis of gender identity for people employed in State government. He makes it clear that he is taking this step not only to protect state workers, but to push the Senate to pass GENDA.
March 2, 2010
GENDA passes for the third year in the Assembly. Within 24 Hours several people from Housing Works transgender program, Transcend, hit the road for Albany, traveling from office to office to lobby senators in support of their rights.
June 8, 2010
GENDA gets a devastating blow. Despite reports that there were enough GENDA supporters in the Senate to pass the bill, the New York State Senate Judiciary Committee votes 12 to 11 not to send GENDA to the full Senate for a vote. All 11 Republicans on the committee vote no, and they are joined by Democratic Sen. Rev. Ruben Diaz Sr.
2011
The issue does not come up again in 2010—and advocates begin to plan how to pass GENDA in 2011. “We have been fighting for GENDA for eight years, pushing the boulder up the hill of transphobia, and we’ll keep fighting,” says terri smith-caronia, Housing Works vice president for New York advocacy and public policy.
