On Jan. 21, President Trump signed an executive order rolling back protections for transgender and non-binary people. Furthermore, just last month, Republicans Nancy Macy and Speaker Mike Johnson went out of their way to stop Sarah McBride, a newly-elected out transgender Congress member, from using the women’s restroom by enforcing outdated and transphobic policies.
The attack was clearly politically motivated and an example of what LGBTQ+ people are facing even more with the new administration gearing up to take over Washington.
In contrast, here in New York state, we have the opportunity to send the message that we support the transgender and non-binary community and are fighting for more inclusive restrooms and access. The bill, A805, requires that public buildings, to the greatest extent possible, ensure they have at least one multiple occupancy gender-neutral restroom available for use, where a single occupant gender-neutral restroom is not available.
In addition, it further supports individuals to use whatever restroom that aligns with their gender.
State and federal buildings are public facilities funded by our tax dollars. Therefore, they are meant to be accessible to everyone anytime they visit.
Tens of thousands of New Yorkers identify as transgender or gender non-conforming and the basic human right of access to a restroom can be fraught, according to the state Department of Health.
Under the current public buildings law in New York State, each state agency must ensure that all single-occupancy restrooms under its jurisdiction be designated as gender-neutral in state-owned buildings and, where practicable, in state-leased buildings. However, in the State Capitol, there are no single-occupancy publicly available restrooms — and, therefore, no gender-neutral restrooms available to the hundreds of New Yorkers who visit every day during the legislative session.
The existing restroom options in many of our state-owned buildings, including the State Capitol, reinforce a binary understanding of gender that ignores the experience of so many New Yorkers. This bill will not just create more options; it will send the message that we see and support our transgender and non-binary community members.
Too often, transgender and non-binary people are forced to choose between using a restroom of the sex they were assigned at birth versus that of the gender they identify with, creating a high-stakes and high-anxiety choice that does not need to exist.
According to a 2023 report released by the state Department of Labor of transgender and non-binary New Yorkers, 24% of survey respondents reported being discriminated against in the workplace, including by being forced to use a restroom that did not match their gender identity. The report recommends ensuring access to gender-neutral restrooms in agencies.
Access to safe and clean restrooms is not only a matter of public health but also a matter of public safety. The devastating death in 2023 of Oklahoma teenager Nex Benedict after a vicious assault in a public school restroom tragically illustrates the dangers transgender and non-binary people can face for attempting to meet their basic human needs.
Let’s proudly stand with our LGBTQ+ community and support A805, which will be an easy first step in proving that we will fight against discriminatory federal policy and the message it sends to our fellow New Yorkers.
Assembly Member Harvey Epstein represents the 74th Assembly District in Manhattan; Amanda Babine is the executive director of Equality New York.
