New york bill would require all municipalities to add gender ‘x’ option on forms

ALBANY, N.Y. – A proposal introduced in the New York State Assembly would require every municipality in the state to update its forms and data systems to include a gender “X” option, extending inclusivity standards already in place for state agencies to local governments.

Assembly Bill 32, sponsored by Assemblyman Chris Burdick (D-Westchester), adds a new Section 79-r to the state’s Civil Rights Law mandating that all municipalities collecting demographic information on gender or sex allow individuals to select “X” as an alternative to the traditional “M” for male or “F” for female. The measure was prefiled for the 2025–2026 legislative session and referred to the Assembly Committee on Governmental Operations.

Under the bill, cities, towns, and villages would be required to update printed and online forms as part of their regular business processes. The law specifies that updates should occur when forms are reordered or websites are revised, ensuring compliance without imposing an immediate or costly overhaul.

The legislation builds on existing state policy established under Section 79-q of the Civil Rights Law, which already requires state agencies to provide the same three gender options on forms and databases. The proposal mirrors recent federal and state efforts to recognize gender diversity, including the ability for New Yorkers to select a gender “X” on driver’s licenses and for Americans to choose the same designation on U.S. passports.

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“The inclusion of a gender ‘X’ marker option is a significant step toward promoting inclusivity, respect, and accurate record-keeping,” Burdick wrote in the bill’s justification. He added that expanding the requirement to municipal governments would help ensure consistency across public records and reduce administrative complications caused by mismatched gender markers between state and local systems.

Supporters of the measure say it would help reduce discrimination, improve accuracy in government documentation, and affirm the rights of nonbinary and gender-diverse residents. The bill has garnered several Democratic co-sponsors, including Assemblymembers Dana Levenberg, Rebecca Seawright, Harvey Epstein, Jessica González-Rojas, Deborah Glick, Linda Rosenthal, and MaryJane Shimsky.

The measure carries no fiscal impact for state or local governments, according to the Assembly memorandum, and would take effect immediately upon enactment.

New York lawmakers propose requiring all municipalities to add a gender “X” option on forms to extend inclusivity protections statewide.

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