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OUT Politics and Policy


NEW YORK GOVERNOR SIGNS 'SAFE HAVEN' LAW FOR TRANSGENDER YOUTH

New York is now among a dozen states that have laws protecting access to
transition-related medical care for minors.


Kathy Hochul and Reverend Al Sharpton at the NYC Pride March on Sunday. Bing
Guan / Bloomberg via Getty Images
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June 26, 2023, 2:20 PM EDT
By Jo Yurcaba

New York Gov. Kathy Hochul signed a bill Sunday to protect access to
transition-related medical care for transgender minors as an increasing number
of states consider and pass restrictions on such care. 

The new measure bars state courts from enforcing the laws of other states that
might authorize a child to be taken away if the parents provide gender-affirming
medical care, including puberty blockers and hormone therapy. It also prohibits
New York courts from considering transition-related care for minors as child
abuse unless it would actually constitute abuse as defined under state law. And
it bars state and local authorities from cooperating with out-of-state agencies
regarding the provision of lawful gender-affirming care in New York.




Hochul, who signed the bill ahead of the annual New York City Pride March, said
that the state’s residents have “been on the forefront of the fight for equal
rights,” from GENDA, a law passed in 1945 that is considered the first human
rights law in the country, to the 1969 Stonewall uprising, which is widely
considered a major turning point in the modern gay rights movement.

“As the birthplace of the modern movement for LGBTQ+ rights, New York is proud
to protect, defend and affirm our LGBTQ+ community,” Hochul, a Democrat, said in
a statement. “Now, as other states target LGBTQ+ people with bigotry and
fearmongering, New York is fighting back. These new laws will enshrine our state
as a beacon of hope, a safe haven for trans youth and their families, and ensure
we continue to lead the nation on LGBTQ+ rights.”

Gov. Kathy Hochul holding signed legislation designating New York state as a
safe haven for trans youth and physicians before the NYC Pride March on Sunday.
Bing Guan / Bloomberg via Getty Images

New York joins 11 other states and Washington, D.C., which have similar “safe
haven” or “shield” laws on the books, according to the Movement Advancement
Project, an LGBTQ think tank. 


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In the last two years, 20 states have passed restrictions on transition-related
medical care for trans minors and dozens more have considered such legislation.
Supporters of the laws argue that puberty blockers and hormone therapy are
experimental and that minors are too young to consent to the treatments.
However, relevant major medical associations — including the American Academy of
Pediatrics, the American Psychological Association and the American Medical
Association — have opposed such restrictions.



Last week, a federal judge struck down Arkansas’ ban on gender-affirming care
for minors — the first such law in the nation — declaring it unconstitutional.
Similar restrictions have taken effect in Arizona, Iowa, Mississippi, North
Dakota and Utah, while courts have blocked laws in Alabama, Florida, Indiana and
Oklahoma pending the outcome of litigation. Laws have yet to take effect in 10
states, according to the Movement Advancement Project.

In addition to the safe haven bill, Hochul signed four other pro-LGBTQ bills
into law. One amends current state law to protect LGBTQ people from
discrimination based on sexual orientation, gender identity and gender
expression when they seek treatment and rehabilitation for addiction and
substance use disorder. A second amends current law to remove an outdated
definition of sexual orientation that suggested certain sexual conduct might be
criminalized. Two others add gender neutral terminology to state laws and rules
and state agency websites.    

Jo Yurcaba

Jo Yurcaba is a reporter for NBC Out.



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