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S5402

An act to amend the Domestic Relations Law — 2023-06-01 · Calendar #1036

The New York State Senate passed legislation amending the Domestic Relations Law to prohibit judges from considering a parent's sex, sexual orientation, gender identity, gender expression, or gender reassignment status when making child custody determinations. Senate Print 5402, sponsored by Sen. Brad Hoylman-Sigal, passed on a 48-10 roll call vote. Hoylman-Sigal, whose district includes Stonewall, framed the measure as a critical protection for transgender families amid what he described as a nationwide campaign targeting transgender children. He cited 474 anti-LGBTQ bills introduced across state legislatures, with 48 already enacted and 14 states banning gender-affirming care for minors. Sen. Jabari Brisport supported the bill, emphasizing that children's best interests are served by remaining with their parents regardless of family composition. Ten senators voted against the measure: Borrello, Canzoneri-Fitzpatrick, Gallivan, Helming, O'Mara, Ortt, Rhoads, Stec, Tedisco, and Walczyk. The bill takes effect immediately.
PASSED Ayes: 48 · Nays: 10

Debate Summary

Sen. Hoylman-Sigal explained that the bill would amend the Domestic Relations Law to prevent judges from considering sex, sexual orientation, gender identity, gender expression, or a parent's gender reassignment when making child custody determinations. He contextualized the measure as a response to a nationwide campaign targeting transgender children and families, citing 474 anti-LGBTQ bills introduced across state legislatures, with 48 already passed into law and 14 states banning gender-affirming care for minors. Sen. Brisport supported the bill, emphasizing that families of many types are valuable and that children's best interests are served by keeping them with their parents.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Brisport aye Democrat
Hoylman-Sigal aye Democrat
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Helming nay Republican
O'Mara nay Republican
Ortt nay Republican
Rhoads nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican