On the evening of March 2, 2010, the New York State Assembly voted to approve a bill known as the Gender Expression Non-Discrimination Act (GENDA or the “Bathroom Bill”). This piece of legislation, (A5710 Gottfried/S2406 Duane) would provide special rights and privileges to individuals who choose to dress or identify themselves as members of the opposite sex.

New Yorkers for Constitutional Freedoms’ (NYCF) Executive Director, Rev. Jason J. McGuire, made the following comments:  "As a pro-life, Christian organization, NYCF upholds the inherent value and worth of all people – including persons who identify as transgendered.  However, there simply is no need to provide special rights and protections to individuals who choose to dress or identify themselves as members of the opposite sex." 

The Bathroom Bill would open all public accommodations, including restrooms and high school locker rooms, to both biological genders, if an individual chooses to identify his or herself as the opposite sex (i.e. cross-dressers or transvestites).

McGuire continued, “Under the legislation, any man could legally gain access to facilities reserved for women and girls simply by indicating, verbally or non-verbally, that he inwardly feels female at the moment. There is no way to distinguish between someone suffering from what the American Psychological Association calls ‘Gender Identity Disorder’ and a sexual predator looking to exploit this law. This is the dangerous reality of the bill.”

Rev. Duane Motley, NYCF Senior Lobbyist added, "It appears that some legislators are simply trying to get back in the good graces of same-sex and transgender rights advocates following the resounding defeat of same-sex marriage legislation late last year. Given the difficult challenges currently facing our state, the State Legislature should be focused on fiscal matters. Placating political allies is not a valid purpose for the people’s business."