Transgenders in New York jails call the shots

SYRACUSE, N.Y. - Transgender youth in New York's juvenile detention centers are now allowed to wear whatever uniform they choose, be called by whatever name they want and ask for special housing under a new anti-discrimination policy drawing praise from advocacy groups.The policy went into effect March 17, the day Gov. David Paterson was sworn into office. Last month, Paterson directed all state agencies to recognize homosexual marriages legally performed elsewhere as valid in New York.Paterson spokesman Errol Cockfield said the policy reflects the state's intent to be "tolerant, responsive and respectful" of gender identity and gender expression issues.The new policy prohibits staff from asking residents about their sexual orientation or gender identity and says any disclosure must be voluntary. It also directs staff to talk to youth who decide to reveal their gender identity."Staff should never just move on; talk about what it means for this youth to be lesbian, gay, bisexual, transgender, or questioning," the 14-page policy states.The policy directs staff to learn and use the words gay, lesbian, bisexual and transgender in an appropriate context when talking with youth.While all residents may ask to be called by a preferred first name rather than their legal one, the policy says males who believe they are female must be called "she" and females who believe they are male must be referred to as "he." Staff must use the preferred name and pronoun in any documents they file.All residents must wear a uniform, but the policy allows transgender youth to wear a uniform of the opposite sex, including underwear of their choice. Each facility must have underwear for both sexes. Borges said OCFS spent about $4,500 to stock its facilities.Like housing requests, most clothing requests will be referred to the special committee to ensure their legitimacy, he said.So far, only one housing request has been made, though the youth ended up being sent to an adult jail, Borges said.The policy shift stemmed from a 2006 lawsuit brought by a 15-year-old who was born male but dressed and identified herself as female. She had been taking prescribed feminizing hormones for nearly three years when she was arrested and placed in an OCFS facility.In a civil complaint alleging sex and disability discrimination, the girl said OCFS staff took away her hormones and would only call her by her male name. The state paid $25,000 to settle the case and agreed to change its policies.It developed initial guidelines but found them wanting, said Mishi Faruqee, co-chairwoman of the group that created the new guidelines. The initial guidelines were revised after a new OCFS commissioner was appointed last year, Faruqee said.The agency will start train its staff about the new guidelines this month, Borges said. http://www.onenewsnow.com/Headlines/Default.aspx?id=147140

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