Proposed law awaiting NY Gov. Hochul’s signature to use data collection to track LGBT residents

Under a proposed law, New York state agencies would be mandated to collect LGBT data in an effort to track those who identify as lesbian, gay, and transgender in order to understand “the needs and experiences of these communities.”

According to the New York Post, the state Legislature passed a bill that directs state agencies that already collect data regarding ancestry or ethnic origin to also ask about sexual orientation or “gender identity expression.”

“Data collection on the LGBT community is so important because we’ve been invisible in the eyes of government,” Sen. Brad Hoylman-Sigal (D-NY), who is a sponsor of the bill along with Assemblyman Harry Bronson (D-NY), asserted.

“The LGBT community has to be counted,” Hoylman-Sigal declared.

Hoylman-Sigal pointed to other states, especially California, that already track the LGBT population. He says that New York as the birthplace of the LGBT movement should as well.

“While gay, lesbian, bisexual, transgender and those of non-conforming gender identity or expression in this state share geographical and cultural commonalities, they also experience diverse social, educational, health, and economic differences that are unique to their life experiences,” Bronson and Hoylman-Sigal also stated in a memo of support for their bill that some see as branding individuals rather than making them more visible.

Given the diversity of the population, separating data for these areas of the population and making the data publicly accessible are critical for enhancing our state’s understanding of the needs and experiences of these communities,” they claimed.

Sources told the New York Post that it is believed “more precise questioning and data collection will better serve the LGBT community, including by addressing the high suicide rate among LGBT youths.”

The bill is titled Assembly No. 358/Senate No. 3225. It passed the Assembly back on May 9 and the Senate on June 1. It is awaiting the signature of Gov. Kathy Hochul to become law and whether she will sign it or not is up in the air and unknown. Hochul vetoed a similar bill that would have collected LGBT data last year, citing costs.

Confusingly, after she did so, Hochul directed state agencies “to continue efforts to incorporate the goals” of collecting information about sexual orientation and gender identity expression, according to a report that was published by the state Health Department last week.

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The Health Department’s Office of Minority Health and Health Disparities Prevention noted that “discussions are underway to inventory questions” and “identify possible standardized language” on LGBT data collection according to the New York Post.

“Every state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of residents of the state of New York shall use separate collection categories and tabulations for sexual orientation and gender identity or expression,” the bill reads.

Per the proposed law, the term “gender, identity, or expression” means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression regardless of the sex assigned biologically at birth.

The bill mandates that data collected on LGBT residents be posted on agency websites, while purportedly protecting personal identifying information. That effort has proven to be spotty at best.

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The Empire State has some of the strongest LGBT rights laws in the country. New York finances programs to treat transgender patients, including those who want controversial gender assignment surgery. If this bill passes, the state will also add the tracking of the community to its LBGT resume.

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