New York State could soon fund transition surgeries for transgender inmates. As of January 2025, there are 115 non-binary individuals incarcerated in the state’s prison system. Non-binary people do not fit into the traditional male or female gender categories. 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, although some non-binary people do not consider themselves transgender.”
Proposed Bill Aims to Provide Gender-Affirming Care in Prisons
A new legislative proposal, Senate Bill S1049—known as the “Gender Identity Respect, Dignity, and Safety Act”—would ensure that transgender inmates receive medical care, including transition-related surgeries. The bill, sponsored by Democrat Julia Salazar of the 18th Senate District, seeks to establish protections and rights for incarcerated individuals whose gender identity differs from their assigned sex at birth.
Under the bill, transgender inmates would be granted access to:
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Commissary items, clothing, and personal property that align with their gender identity
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Educational and rehabilitation programs tailored to their needs
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Gender-affirming medical and mental health care, including transition-related procedures
The bill also seeks to prevent transgender prisoners from being placed in protective custody against their will.
Lawsuits Highlight Discrimination Faced by Transgender Inmates
Several New York counties, including Broome, Jefferson, and Steuben, have faced lawsuits from transgender prisoners alleging mistreatment and denial of medical care. Transgender and non-binary inmates often report discrimination and abuse by both fellow prisoners and corrections staff.
One such case involved Makyyla Holland, who was held in Broome County Jail for six weeks in 2021. She alleged that she was denied hormone therapy, physically assaulted for refusing to undress in front of male officers, and forced to live with male inmates. Her lawsuit was settled for $160,000, according to NPR.
While some conservative and religious groups oppose policies expanding transgender rights in prisons, these lawsuits can cost the state and counties significant taxpayer dollars.
The bill is currently under review by the Senate Committee on Crime Victims, Crime, and Correction.
