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A861Assembly2019-2020 SessionSame asS432

Protect Parental Gender Rights

Official title

“Prevents a judge from prohibiting a parent from undergoing a gender reassignment when making a determination in a child custody case”

Sponsor Aravella SimotasAD-36+9 co-sponsorsAffects Legal
Status
In Assembly Committee
Rules
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill prohibits courts from considering sex, sexual orientation, gender identity, or gender expression in child custody decisions, and from prohibiting gender reassignment.

Why it matters

  1. Protects against discrimination in custody cases. by ensuring that a parent's sex, sexual orientation, gender identity, or gender expression cannot be used against them—a safeguard for LGBTQ+ parents and gender-nonconforming individuals.

  2. Guarantees autonomy over gender transition. by preventing courts from barring a parent from undergoing gender reassignment, thus supporting personal medical and identity decisions without legal penalty in family law contexts.

  3. May influence broader social acceptance. by setting a legal precedent that affirms the irrelevance of gender identity and sexual orientation in determining parental fitness, potentially encouraging similar measures in other states.

  4. Could affect outcomes in contentious custody disputes. where one party might otherwise attempt to use the other’s gender identity or transition status as a negative factor, shifting the focus solely to parenting ability and the child’s best interests.

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Who cares

Headline styles

Protect Parental Gender Rights

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Aravella Simotas

Assembly Member · Assembly District 36

History

  1. Amend and recommit to rules 861a
  2. Reported referred to rules
  3. Referred to judiciary
  4. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S432Senate

Protect Parental Gender Rights

In Assembly Committee · Judiciary · Sponsor Brad Hoylman-Sigal

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

861--A

2019-2020 Regular Sessions

IN ASSEMBLY

January 11, 2019

Introduced by M. of A. SIMOTAS, REYES, QUART, LAVINE, BRONSON, GOTT- FRIED, GLICK, SEAWRIGHT, DINOWITZ -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the domestic relations law, in relation to the custody of children

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 240 of the domestic relations law is amended by adding a new paragraph (k) to read as follows:

(k) In determining the best interests of the child, the court shall not: (1) consider the sex, sexual orientation, gender identity or gender expression of the parties; or

(2) prohibit a party from undergoing gender reassignment.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01536-05-0

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.