Pending legislation in New York State would presumptively house those incarcerated in prisons and jails according to self-declared "gender identity" rather than sex.  It allows any male inmate to be placed in a women’s prison or jail.

Under the Bill anyone can assert they have a “gender identity” different than their sex or that they “self-identify as transgender, gender nonconforming, nonbinary.” None of these terms are defined. Anyone can claim them at any time under this Bill. There is no requirement of a medical diagnosis, or that someone be on hormonal medication or have had genital surgery.  

No crimes or pattern of crimes against women or girls automatically render males ineligible to be transferred to women’s prison. 

Also, a current risk of gender-based violence (the only grounds, with an extremely high burden and an unreasonable time frame, for refusing transfer under this Bill) is not the only reason for sex-segregated prisons. Incarcerated women and girls are entitled to dignity and privacy away from males, however they identify. No male inmate, even if he identifies otherwise, has a right to share showers, toilets and sleeping quarters with vulnerable incarcerated women and girls.

Housing based on “gender identity” rather than “sex” is violative of the United States Constitution and the United Nations’ Mandela Rules. If this Bill passes, incarcerated women and girls will be harmed, and New York State and its various correctional systems will be at risk of litigation.

There are many types of vulnerable incarcerated men (young, old, gay, disabled, etc.). All of them, including those who identify as something other than men, are entitled to be safe in men's prisons. Safety for some segment of this population cannot be at the expense of women and girls. 

LET THE NEW YORK STATE ASSEMBLY AND SENATE KNOW THAT YOU OPPOSE THIS LAW. 

You can learn more about the pending law and see KPSS's submissions to the State legislature here: News | Keep Prisons Single Sex USA (kpssinfo.org)