Res. No. 555

Resolution calling on the New York State Legislature to pass, and the Governor to sign, S.2475, to protect access to gender-affirming care in New York State and combat policies of other states that attempt to ban gender-affirming care.

By Council Members Hudson, Menin, Cabán, Ossé, Richardson Jordan, Schulman, Bottcher, Farías, Restler, Hanif, Ung, Brewer, Sanchez and Riley

Whereas, Gender-affirming care is a supportive form of patient-centered care that treats individuals holistically by aligning their outward physical traits with their gender identity; and

Whereas, Gender-affirming care consists of an array of services including medical, surgical, mental health, and non-medical services for transgender and gender diverse people (TGD); and

Whereas, Most major U.S. medical associations, including those in the fields of pediatrics, endocrinology, psychiatry, and psychology, have issued statements recognizing the medical necessity and appropriateness of gender-affirming care for youth, typically noting harmful effects of denying access to these services; and

Whereas, According to the Center for Disease Control, refusing youth access to gender-affirming care can increase their risk for depression, psychological distress, and suicidal ideation; and 

Whereas, The Substance Abuse and Mental Health Services Administration concluded that any therapeutic intervention with the goal of changing a youth’s gender expression or identity has proven to be deleterious and outside the mainstream of traditional medical practice; and

Whereas, Despite these warnings, as of March 2022, the Williams Institute at the UCLA School of Law found that 15 states have restricted access to gender-affirming care or are considering laws that would do so; and

Whereas, In February 2022, Governor Abbott of Texas issued a directive defining certain gender affirming services for youth as child abuse and calling for investigation of and penalties for parents who support their children in taking certain medications or undertaking certain procedures, which could include the removal of their children; and

Whereas, In addition, under Governor Abbott’s directive, health care professionals who facilitate access to gender affirming services could also face penalties, and a range of professionals in Texas would be mandated to report known use of gender affirming services; and

Whereas, The Kaiser Family Foundation reported that Governor Abbott’s directive criminalizing guardians and sanctioning physicians who help young people receive lifesaving care has traumatic consequences for families and youth; and

Whereas, S.2475, sponsored by New York State Senator Brad Hoylman, combats harmful state policies that attempt to ban gender affirming care and punish children, families, and their providers; and

Whereas, S.2475 ensures that laws of another state that authorize a child to be removed from their parent or guardian because the parent or guardian allowed the child to receive gender-affirming care, will not be enforced or applied in cases pending in a New York State court, and that no court shall admit or consider findings of abuse based on gender-affirming care; and

Whereas, Additionally, S.2475 would prohibit the extradition of gender-affirming care providers, seekers of such care, or their parents, guardians, and helpers, in relation to gender-affirming care lawfully performed in New York State; and

Whereas, Lastly, the bill would prohibit law enforcement agencies from cooperating with out-of-state investigations regarding lawful gender-affirming care performed in New York State and protect the private health information of people who come to New York State to receive gender-affirming care; and

Whereas, S.2475 would make New York State a haven for transgender kids and families whose rights are under attack nationwide; and 

Whereas, While states across the country roll back access to gender-affirming care, New York State continues to pass progressive policies that embrace safe and inclusive care for the TGD community; now, therefore, be it

Resolved, That the Council of the City of New York calls on the State Legislature to pass, and the Governor to sign, S.2475, to promote access to gender affirming care in New York State and combat policies of other states that attempt to ban gender affirming care.

EA

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