This page contains state-specific research for the state of New York:
- By Jordan Blair Woods, Brad Sears, Christy MallorySeptember 2016“Gay panic” and “transgender panic” defenses have been asserted by defendants in criminal trials throughout the U.S. since the 1960s. In these cases, defendants have argued that their violent behavior was a rational response to discovering that the victim was LGBT. The defenses are rooted in irrational fears based on homophobia and transphobia, and send the message that violence against LGBT people is understandable and acceptable. When successful, these defenses have resulted in murder charges being reduced to manslaughter or another lesser offense. To date, only one state, California, has banned defendants from asserting gay or transgender panic defense by statute. In this brief, Williams Institute scholars present model language, based on the language adopted in California, that other states may use to eliminate use of the defenses through legislation. The model legislation offers language to prohibit defendants from using gay and trans panic defenses under each of the major defenses theories of provocation, insanity/diminished capacity, and self-defense. In addition, the brief provides an overview of the ways in which the defenses have been asserted in trials throughout the last several decades, and evaluates potential constitutional challenges to state legislation eliminating use of the defenses.
- By Andrew R. Flores, Jody L. Herman, Gary J. Gates, and Taylor N. T. BrownJune 2016Utilizing data from the 2014 Behavioral Risk Factor Surveillance System (BRFSS), which includes representative state-level surveys, Williams Institute scholars provide up-to-date estimates of the percentage and number of adults who identify as transgender in the United States. Approximately 0.6% of adults in the United States, or 1.4 million individuals, identify as transgender. The study also provides the first ever state-level estimates of the number and percentage of adults who identify as transgender for all 50 states and the District of Columbia. Differences exist in the percentage of adults who identify as transgender among the states, ranging from 0.3% in North Dakota to 0.8% in Hawaii. Differences by age also exist, with younger adults more likely to identify as transgender than older adults. An estimated 0.7% of adults ages 18 to 24, 0.6% of adults ages 25 to 64, and 0.5% of adults ages 65 and older identify as transgender.
- By Christy Mallory, Sarah LiebowitzMay 2013Amending New York’s Human Rights Law to explicitly prohibit discrimination based on gender identity would extend protections to an estimated 41 percent of New York’s population, including 23,800 transgender people. Currently, 59 percent of New Yorkers are covered by 12 local ordinances that are inconsistent, limited and, at times, weaker than the state human rights law. Five ordinances do not provide protection in all areas covered by the state human rights law.
- By Jody L. HermanApril 2013Employment and housing discrimination against New York’s transgender residents costs the state millions of dollars each year. These costs include public assistance and housing expenditures, and lost income tax revenue. According to population figures from the 2010 Census, 23,800 New York transgender residents are not covered by local ordinances that prohibit discrimination on the basis of gender identity in employment, housing, public accomodations, and other areas.
- MemorandumSeptember 2009his report documents public sector employment discrimination based on sexual orientation and gender identity in New York. The report is part of a 15 chapter study that documents a widespread and persistent pattern of unconstitutional discrimination by state governments against LGBT people.
- By Adam P. Romero, Gary J. GatesAugust 2008Demographic and economic information about same-sex couples and same-sex couples raising children based on data from Census 2000.
- By Adam P. Romero, Clifford J. Rosky, M.V. Lee Badgett, Gary J. GatesApril 2008Demographic and economic information about same-sex couples and same-sex couples raising children based on data from Census 2000.