New York State is considering the possibility of covering the cost of transition surgery for transgender prisoners. As of January 2025, there are currently 115 incarcerated individuals in New York State prisons who identify as non-binary, meaning they do not conform to traditional male or female genders. According to Wikipedia, this would provide an opportunity for these individuals to receive the necessary medical procedures for their transition.
Non-binary individuals are often included within the transgender community, as they typically identify with a gender that differs from the one assigned to them at birth. However, it’s important to note that not all non-binary individuals consider themselves transgender.
A bill called the “gender identity respect, dignity and safety act,” also known as Senate Bill S1049, has been introduced in New York State. This proposed law aims to provide transgender prisoners with the opportunity to undergo transition surgeries, with the state covering the costs. The bill, sponsored by Julia Salazar, a Democrat representing the 18th Senate District, seeks to ensure that inmates who identify as a gender different from their assigned gender at birth are afforded certain rights and respect.
Prisoners who identify as a gender different from their assigned gender at birth will be granted access to various resources and accommodations that align with their gender identity. This includes access to commissary items, clothing, personal belongings, programming, and educational materials that are consistent with their gender identity. Additionally, they will also have access to medical and mental health resources that support and affirm their gender identity, which may include surgery if deemed necessary.
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The bill aims to provide safeguards for transgender individuals who are imprisoned and prevent them from being forcibly placed in “protective custody.”
Several counties in New York, namely Broome, Jefferson, and Steuben, have become focal points of legal disputes involving transgender inmates. Both transgender and non-binary inmates often experience discrimination and abuse from fellow prisoners as well as prison staff.
Makyyla Holland, an inmate in New York State, recently filed a lawsuit against the authorities. During her six-week stay at Broome County jail in 2021, Makyyla claimed that she was denied her hormone therapy medication, physically assaulted for refusing to undress in front of male corrections officers, and compelled to share living quarters with male prisoners.
This legal action not only highlights the opposition of Christian and other anti-LGBTQ activists to transgender rights but also leads to financial implications for the state and counties. As part of the settlement, NPR reported that Makyyla’s lawsuit was resolved for $160,000.
The bill is currently under review by the Senate Committee on Crime Victims, Crime and Correction.
