Three people who identify as nonbinary are suing a New York social services agency after it allegedly did not accommodate for a third gender option in its computer system.
The New York Civil Liberties Union and the Legal Services of NYC jointly filed a lawsuit with the Supreme Court of the State of New York against the New York state Office of Temporary and Disability Assistance for barring “nonbinary people from applying for or receiving benefits unless they misidentify their gender as ‘male’ or ‘female’ under oath … [which] conflicts with state and municipal policies that recognize gender ‘X’ on identification documentation,” the NYCLU wrote in an announcement. Other defendants listed in the lawsuit included Gov. Andrew Cuomo and the New York State Department of Health, among others.
Jaime Mitchell, a plaintiff who uses they/them pronouns, said the state’s policy amounted to discrimination.
“New York State has chosen to treat me and other disabled nonbinary New Yorkers differently when we are at our most vulnerable, conditioning access to lifesaving assistance by forcing me to deny my true gender,” Mitchell said.
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Jules Donahue, another plaintiff who goes by they/them, said being misgendered while seeking assistance caused “emotional harm.”
“I have been unable to find stable work since the pandemic began and turned to public assistance for help. I encountered more barriers to accessing help than others solely because I am nonbinary, and I was forced to choose between forgoing emergency support with medical coverage, cash assistance, and EBT benefits, and the emotional harm of being misgendered at such a vulnerable time. No New Yorker should have to make this choice,” Donahue said.
A spokesperson for the OTDA told the Washington Examiner it doesn’t discriminate against transgender people and the system is set to “include the third gender option” following a software upgrade.
“The Office of Temporary and Disability Assistance ensures the right to access services regardless of gender identity or expression and that is made clear to anyone seeking our assistance,” the representative said. “The gender marker selected by an applicant does not appear on any public facing documents, does not affect eligibility and is only for our internal computer system, which at this time only has a binary option. New York State is in the midst of a much-needed multi-million dollar software upgrade which, when completed, will include the third gender option.”
The plaintiffs seek “declaratory and injunctive relief based on the defendants’ violation of the New York State Human Rights Law, the New York State Civil Rights Law, the New York City Human Rights Law, and the New York State Constitution,” according to the filing.
New York state allows residents to utilize gender X as a third option, as opposed to male or female, and the decision extends to birth certificates and driver’s licenses, the lawsuit noted.
The NYCLU and Legal Services NYC added that the New York City Department of Social Services Commissioner Steven Banks, who was listed as a defendant in the lawsuit, asked the OTDA to change its systems to accommodate gender X, but his efforts were ignored.
“The state has made a determination that … ‘F’ will be used as a default for individuals who would otherwise identify as X. The state’s determination not to allow … clients to register a case with an ‘X’ value renders a birth certificate with an X value, obtained pursuant to the local law, essentially meaningless in direct conflict with our commitment to serving all New Yorkers in need with dignity and respect,” Banks said, according to the filing.
The NYCLU and Legal Services NYC demanded that “OTDA add ‘X’ as a valid gender identity option in the state benefits system, update related materials and guidance, and retrain social services staff in all localities on gender-affirming conduct when serving nonbinary New Yorkers in need” in the press release announcing the lawsuit.
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“New York’s decades-long refusal to fix this archaic and outdated system is not only cruel; it has life-threatening consequences for nonbinary individuals who need these benefits now more than ever,” Jose Abrigo, director of LGBTQ and HIV advocacy from Legal Services NYC’s Manhattan office, said. “Nonbinary individuals deserve better from New York, which claims to respect the rights of the trans and nonbinary individuals. OTDA must end this discriminatory practice once and for all by fixing this dilapidated system. Nonbinary New Yorkers’ very lives depend on it.”
The press release and the filing did not announce a date for a potential court appearance.
