New York To Pay For Transgender Prisoners Transition Surgery

New York State may pay for transgender prisoners to have their transition surgery. There is a total of 115 non-binary incarcerated individuals in New York State prisons, as of January 2025. Non-binary means that a person does not fit into the traditional genders of male or female. 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,[3] although some non-binary people do not consider themselves transgender."

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Bill Would Have New York State Pay For Transgender Prisoners' Surgeries

A proposed law would have New York State pay for the transition surgeries of transgender prisoners. Senate Bill S1049, which is known as the "gender identity respect, dignity and safety act,” would give inmates who identify as a gender that does not match their gender assigned at birth certain rights. The bill is sponsored by
Julia Salazar, a Democrat representing the 18th Senate District.

Prisoners who identify as a gender different from what was assigned to them at birth would be provided with "access to commissary items, clothing, personal property, and programming and educational materials consistent with gender identity." They would also have access to affirming medical and mental health resources. That means that the state would provide surgery that affirms the gender they identify with.

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The bill would offer protections against transgender incarcerated individuals being held in "protective custody" against their will.

This bill is an important step to ensure New York State respects the dignity and safety of incarcerated transgender, gender nonconforming, intersex, and nonbinary New Yorkers.

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The bill indicates that several counties in New York - Broome, Jefferson, and Steuben - have been at the center of litigation by transgender inmates. Transgender and non-binary inmates can face discrimination and abuse at the hands of both other prisoners and prison staff.

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Makyyla Holland is one of the inmates who has filed a lawsuit in New York State. She was held in the Broome County jail for six weeks in 2021. Makyyla alleged that she was not provided with her hormone therapy medication, was beaten for refusing to disrobe in front of male corrections officers, and was forced to live with male prisoners. While Christian and other anti-LGBTQ activists may be against transgender rights, these types of lawsuits cost the state and counties tax dollars. Makyyla's lawsuit was settled for $160,000 as a part of the deal, according to NPR.

The bill is currently in the Senate Committee Crime Victims, Crime And Correction Committee.

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