A new bill in New York State could make it possible for transgender inmates to receive state-funded gender transition surgeries. The proposed law is designed to ensure dignity, safety, and respect for transgender, non-binary, intersex, and gender non-conforming individuals in prison.
About the Bill: “Gender Identity Respect, Dignity and Safety Act”
The legislation, known as Senate Bill S1049, is sponsored by Senator Julia Salazar, a Democrat from New York’s 18th Senate District. The bill is currently under review by the Senate Committee on Crime Victims, Crime and Correction.
If passed, this law would give incarcerated individuals the right to:
- Access gender-affirming healthcare, including transition-related surgeries
- Receive clothing, personal items, and educational materials that match their gender identity
- Be housed and treated according to their gender identity, not their sex assigned at birth
- Avoid being placed in “protective custody” against their will—something often done for transgender inmates but which can lead to isolation
Why This Bill Matters
As of January 2025, there are 115 non-binary individuals in New York State prisons. Non-binary people do not identify strictly as male or female. While many non-binary individuals fall under the transgender umbrella, not all identify as transgender.
Transgender and non-binary inmates often face discrimination, violence, and mistreatment in prison, both from fellow inmates and from staff. The new bill aims to reduce such harm and promote humane treatment.
Real Cases: Lawsuits Spark Change
The need for change is clear from past legal cases. For example, Makyyla Holland, a transgender woman, filed a lawsuit after spending six weeks in Broome County Jail in 2021. She said she was:
- Denied hormone therapy
- Beaten for refusing to undress in front of male officers
- Forced to live with male inmates
Makyyla’s case was settled for $160,000, according to NPR. Cases like hers have occurred in Broome, Jefferson, and Steuben counties, and have led to growing support for protective laws.
Who Opposes the Bill?
Some conservative and religious groups, including Christian activists, have publicly opposed transgender rights in prisons. They argue against state-funded surgeries and gender recognition. However, supporters of the bill point out that ignoring these rights leads to costly lawsuits, which also use taxpayer money.
The bill aims to reduce legal conflicts, improve inmate welfare, and align prison policy with human rights standards.