The Evolution Of Sonda Law: A Historical Overview

The Sexual Orientation Non-Discrimination Act (SONDA) became law in New York State in 2002, 31 years after advocates began lobbying for it. The Act prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights. It was first introduced in the New York State Assembly in 1971 but was defeated. It was reintroduced in 1983 but was defeated again. In 2002, the Act was passed by the State Legislature and signed into law by the Governor, taking effect on January 16, 2003.

SONDA's definition of 'sexual orientation'

The Sexual Orientation Non-Discrimination Act (SONDA) was signed into law by New York Governor George Pataki on December 17, 2002, and went into effect on January 16, 2003. SONDA prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights.

SONDA defines sexual orientation as "heterosexuality, homosexuality, bisexuality, or asexuality, whether actual or perceived." This means that the law protects individuals who are discriminated against based on their actual sexual orientation or what the discriminator believes their orientation to be. For example, if a person is discriminated against because they are perceived to be homosexual, even if they identify as heterosexual, they are protected under SONDA.

The law adds the term "sexual orientation" to the list of specifically protected characteristics in various state laws, including the Human Rights Law, the Civil Rights Law, and the Education Law. SONDA prohibits discrimination in the admission to and use of places of public accommodation, resorts, or amusement; admission to and use of educational institutions; publicly assisted housing; private housing accommodations and commercial spaces; and credit.

SONDA also addresses discrimination and/or harassment on the basis of actual or perceived sexual orientation in the exercise of an individual's civil rights. Civil rights, in this context, refer to rights guaranteed by state law, such as the right to vote, serve on a jury, and be free from discrimination in the previously mentioned areas.

It is important to note that SONDA does have some exemptions. Institutions that are "religious or denominational," along with organizations "operated for charitable or educational purposes," are exempted from the provisions of SONDA. Additionally, the prohibition on discrimination in private housing does not extend to the rental of single-family and owner-occupied two-family homes.

SONDA's legal protections

The Sexual Orientation Non-Discrimination Act (SONDA) is a New York law that prohibits discrimination on the basis of actual or perceived sexual orientation. SONDA was passed in 2002 and went into effect on January 16, 2003.

• Prohibition of discrimination in employment, housing, public accommodations, education, credit, and the exercise of civil rights.
• Inclusion of "sexual orientation" as a protected characteristic in various state laws, such as the Human Rights Law, Civil Rights Law, and Education Law.
• Protection from discrimination in the admission to and use of public accommodations, resorts, or amusement facilities.
• Protection from discrimination in the admission to and use of educational institutions.
• Protection from discrimination in publicly assisted housing, private housing accommodations, and commercial spaces.
• Protection from discrimination in relation to credit.
• Protection from harassment on the basis of actual or perceived sexual orientation in the exercise of civil rights.

It is important to note that some exemptions exist for religious or denominational institutions and organizations operated for charitable or educational purposes. These organizations may still discriminate based on religion in areas such as employment, housing, and admissions. Additionally, SONDA indirectly applies when a transgender person is discriminated against based on their actual or perceived sexual orientation.

SONDA's exceptions

The Sexual Orientation Non-Discrimination Act (SONDA) was signed into law by New York Governor George Pataki on December 17, 2002, and went into effect on January 16, 2003. The Act prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights.

While SONDA offers protection to everyone in the state from discrimination on the basis of sexual orientation, there are some exceptions to the law.

Firstly, institutions that are "religious or denominational", along with organisations "operated for charitable or educational purposes" that are "operated, supervised or controlled by or in connection with a religious organisation", are exempted from the provisions of SONDA. These institutions and organisations are allowed to limit employment, sales or rental of housing accommodations, and admission to persons of the same religion. They can also give preference to persons of the same religion or denomination and take action to promote their religious principles.

Secondly, the prohibition on discrimination in private housing does not apply to the rental of single-family and owner-occupied two-family homes.

Finally, while SONDA indirectly applies when a transgender person is discriminated against based on their actual or perceived sexual orientation, it does not protect transgender individuals from discrimination because of their transgender status.

SONDA's impact on transgender rights

The Sexual Orientation Non-Discrimination Act (SONDA) became law in New York State in 2002, adding the term "`sexual orientation`" to the list of protected characteristics in various state laws. SONDA's impact on transgender rights is significant, albeit indirect, as the law protects individuals from discrimination based on their actual or perceived sexual orientation. This includes transgender people who face discrimination because of their sexual orientation. However, it is important to note that SONDA does not protect transgender individuals from discrimination based on their transgender status.

The impact of SONDA on transgender rights in New York State is significant, as it provides legal protection against discrimination in various areas of life, including employment, housing, public accommodations, education, and credit. This means that transgender individuals who face discrimination in these areas because of their actual or perceived sexual orientation can seek legal recourse under SONDA. The law defines sexual orientation as "heterosexuality, homosexuality, bisexuality, or asexuality," protecting individuals based on both their actual and perceived orientations.

While SONDA does not explicitly mention transgender individuals, courts in New York State have interpreted the law to include protections for transgender people under other provisions of the Human Rights Law. These provisions include prohibitions against discrimination based on sex and/or disability, which have been applied to protect transgender individuals from discrimination. This interpretation ensures that transgender people are afforded some legal protections, even if they are not explicitly mentioned in SONDA.

The Empire State Pride Agenda, the largest gay and lesbian group in New York State, endorsed Governor George Pataki for re-election after he signed SONDA into law. Matt Foreman, the group's executive director, acknowledged the law's foundational role in achieving "full equality under the law" for transgender people. This recognition highlights the significance of SONDA in advancing transgender rights, even as it indirectly protects transgender individuals from discrimination based on their sexual orientation.

In 2019, New York State further strengthened transgender rights by passing the Gender Expression Non-Discrimination Act (GENDA). This law explicitly added "gender identity" and "gender expression" as protected categories under the state's Human Rights Law, providing more direct and comprehensive protections for transgender and gender non-conforming individuals. GENDA's passage underscores the ongoing efforts to ensure equal rights and protections for transgender people in New York State, building upon the foundation laid by SONDA.

The history of SONDA

The Sexual Orientation Non-Discrimination Act (SONDA) is a New York law that was passed in 2002. The Act prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights.

The passage of SONDA was a significant milestone in the fight for gay rights in New York, as it provided legal protection against discrimination based on sexual orientation. The Act was the result of decades of advocacy and lobbying by LGBT+ advocates, who had been working towards this goal since the 1970s. Despite facing repeated defeats and setbacks, they persevered, and the passage of SONDA marked a major victory in their quest for equal rights.

While SONDA represented a significant step forward, it did not include explicit protections for transgender individuals. A proposed amendment to add protections for transgender people failed to pass in the Senate. However, courts in New York have held that transgender individuals are protected under other provisions of the Human Rights Law, prohibiting discrimination based on sex and/or disability.

In the years since SONDA's passage, New York has continued to build on its LGBT+ non-discrimination laws. In 2019, the state enacted the Gender Expression Non-Discrimination Act (GENDA), which added "gender identity" and "gender expression" as protected categories under the Human Rights Law. This further strengthened the legal protections for LGBT+ individuals in the state and demonstrated a continued commitment to promoting equality and combating discrimination.

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