Assemblymember Bronson: Governor Signs Bill to Protect Victims of Domestic Violence, Transgender Individuals

Assemblymember Harry B. Bronson (D-Rochester/Chili/Henrietta) announced that his legislation to protect the personal safety and privacy of victims of domestic violence as well as transgender individuals (Chapter 241 of 2015) has been signed into law by Governor Cuomo.

“Acts of domestic violence and discrimination have no place in our society,” said Assemblymember Bronson. “We must protect victims of domestic violence and transgender individuals who may be at risk of such deplorable acts. The protections afforded in this bill are vital to ensuring the personal safety of many of our fellow New Yorkers.”

The bill authored by Assemblymember Bronson would limit or waive the information that is required to be published when individuals choose to legally change their names in order to avoid acts of violence or discrimination, or to conform to their gender identity or gender expression. Specifically, the bill would make this waiver available to individuals attempting to avoid potential or actual domestic violence, stalking, hate crimes or sexual assault.

"We applaud Assembly Member Harry Bronson for his leadership in making it easier for transgender New Yorkers to legally change their names, yet another example where Assembly Member Bronson has delivered for LGBT New Yorkers," said Nathan M. Schaefer, Executive Director of the Empire State Pride Agenda. "Previously, trans New Yorkers were required to publish their intent to change their names in a local newspaper – forcing them to publicly announce their transition and putting them at risk of potential discrimination, harassment or violence and placing them under additional financial strain. This bill removes these onerous burdens and we thank Senator Diane Savino for championing this bill to passage in the Senate and Governor Andrew Cuomo for signing it into law today."

In 2009, the Supreme Court of Westchester County ruled that the civil rights law authorizes the waiver of publication of a name change order if such publication would jeopardize the safety of the individual seeking the name change. Unfortunately, some courts require an actual showing of past violence to meet the “personal safety waiver” standard. Bringing state statute into accordance with the need for full personal safety is an important step toward ensuring these waiver protections are available to individuals who need them, noted Assemblymember Bronson.

“I know that we can agree that acts of domestic violence and discrimination have no place in our society,” said Assemblymember Harry Bronson, the author of the legislation. “We must protect victims of domestic violence and transgender individuals who may be at risk of such deplorable acts. The protections afforded in this bill are vital to ensuring the personal safety of many of our fellow New Yorkers. I thank Governor Cuomo for signing this important civil rights protection and the many advocates across the state who helped make it possible.”

Roughly 450,000 incidents of domestic violence are reported in New York State each year,1 and in 2012, state courts issued over 300,000 orders of protection.2 At the same time, nearly 30 percent of transgender New Yorkers have experienced serious physical or sexual assault.3

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1. opdv.state.ny.us/help/fss/theproblem.html#facts

2. opdv.ny.gov/statistics/nydata/2012/nys2012data.pdf

3. prideagenda.org/advancing-justice/transgender-equality-justice/facts-about-discrimination