NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2354
SPONSOR: O'Donnell TITLE OF BILL:
An act to amend the military law, in relation to broadening national
guard personnel standards
PURPOSE OR GENERAL IDEA OF BILL:
To protect members of the New York National Guard from discrimination
based on gender identity
SUMMARY OF PROVISIONS:
Section one of the bill amends section 3 of the military law. Section
two amends section four of the military law. Section three amends subdi-
vision two of section two of the military law.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
On April 12th, 2019, the United States Department of Defense enacted a
policy that would effectively bar most transgender troops and military
recruits from serving openly in the United States Armed Forces. This
dangerous and extreme new policy will judge our troops not on their
abilities or character, but on the basis of their gender identity or
expression. This new policy is part of the current administration's
ongoing systematic assault on the rights, dignity and safety of trans-
gender Americans.
This bill will protect members of the New York National Guard by provid-
ing equal treatment and opportunity for all service members without
regard to gender identity and expression. When the forces in the New
York National Guard are not federalized, they are under the purview of
the Governor and are thus subject to state laws. New York State has
already banned discrimination in employment, housing and public accommo-
dations based on gender identity or expression under the Gender
Expression Non-Discrimination Act. Due to recent actions taken by the
Department of Defense, it is necessary that these same protections are
given to New Yorkers serving our state and country in the National
Guard.
PRIOR LEGISLATIVE HISTORY:
A.8153 (19-20)
A. 806 (21-22)
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately
