New York State may pay for transgender convicts to undergo transition surgery. As of January 2025, there were 115 non-binary jailed inmates in New York State prisons. Non-binary denotes that a person does not fit into the usual gender categories of male or female. According to Wikipedia,
“Non-binary identities often fall under the transgender umbrella since non-binary people typically identify with a gender that is different from the sex assigned to them at birth,[3] although some non-binary people do not consider themselves transgender.”
Bill Would Have New York State Pay For Transgender Prisoners’ Surgeries
A proposed law would require New York State to pay for transgender prisoners’ transition surgeries. Senate Bill S1049, also known as the “gender identity respect, dignity, and safety act,” would grant certain rights to inmates who identify as a gender other than the one assigned to them at birth. This bill is sponsored by
Julia Salazar, a Democrat, represents the 18th Senate District.
Prisoners who identify as a gender other than that assigned to them at birth will be given “access to commissary items, clothing, personal property, and programming and educational materials consistent with gender identity.”
They would also have access to supportive medical and mental health services. That is, the state would provide surgery to confirm the gender they identify with.
The bill would provide safeguards against transgender incarcerated people being held in “protective custody” against their will.
This bill is an important step to ensure New York State respects the dignity and safety of incarcerated transgender, gender nonconforming, intersex, and nonbinary New Yorkers.
According to the bill, transgender inmates have sued several New York counties, including Broome, Jefferson, and Steuben. Transgender and non-binary inmates may face discrimination and abuse from both fellow inmates and prison staff.
Makyyla Holland is among the inmates who have filed a lawsuit in New York State. She spent six weeks in the Broome County Jail in 2021. Makyyla claimed that she was not given her hormone therapy medication, was beaten for refusing to disrobe in front of male corrections officers, and was forced to live with male inmates.
While Christian and other anti-LGBTQ activists may oppose transgender rights, these lawsuits cost the state and county tax dollars. Makyyla’s lawsuit was settled for $160,000 as part of the agreement, according to NPR.
The bill is currently being considered by the Senate Crime Victims, Crime, and Corrections Committee.
