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A group of New York residents are suing the New York State Office of Temporary and Disability Assistance (OTDA) for discrimination, after endeavoring to file public assistance applications that required them to misidentify as either male or female. New York City's social services department, the state health department and Governor Andrew Cuomo are also named in the suit.
The lawsuit's plaintiffs are Jules Donahue and Jaime Mitchell, two New Yorkers who recently encountered this obstacle when applying for public assistance through the state program. Princess Janae Place, a Bronx-based community housing organization serving "people of trans experience," is also involved in the suit as an organizational plaintiff.
The New York Civil Liberties Union and Legal Services of NYC filed the suit on Monday. It accuses city and state benefits agencies of "discriminating on the basis of gender identity against nonbinary residents," according to a statement from the former law firm.
"I have been unable to find stable work since the pandemic began and turned to public assistance for help," said Donahue in remarks that appeared in the NYCLU statement announcing Monday's filing. "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."
For more reporting from the Associated Press, see below:
The lawsuit filed against state and city agencies that run benefit programs seeks the type of nonbinary gender option already allowed on New York birth certificates and promised for driver's licenses. The nonbinary plaintiffs said the "outdated" state computer system maintained by the Office of Temporary and Disability Assistance compels nonbinary people to either lie under oath or to be denied benefits.
A spokesperson for the city's Department of Social Services said the state controls the system and they continue to advocate for change.
"As we have said repeatedly over time, we continue to believe that the State's delays, denials, and distractions from this matter are ultimately discriminatory and must be addressed, in line with the times," Isaac McGinn said in an email.
New York is among at least 18 states that provide some legal recognition of nonbinary gender markers, according to the lawsuit. In addition to birth certificates, the state said in a November court filing it was modifying Department of Motor Vehicles computers to offer driver's licenses with an X gender marker.
The lawsuit said the OTDA system discriminates on the basis of gender identity, violating state human rights and civil rights laws, as well as the state constitution. The lawsuit demands that the state agency add "X" as a valid gender identity option in the benefits system, as well as updated guidance and training for social services staff on proper conduct when dealing with nonbinary people.
