The Fate of Local Law B

In the fall of 2004, a bill known as Local Law B came before the Albany County Legislature.

Local Law B contained a proposal to amend the county’s Human Rights Law.  The law proposed to create civil rights protections based on “gender” and certain other characteristics.  While this type of legislation might initially appear relatively harmless, a closer look at the bill revealed the following definition of “gender”:

The term “gender” shall include actual or perceived sex and shall include a person’s gender identity, self-image, appearance, behavior or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.

The bill would have also made it unlawful to “aid, abet, incite, compel or coerce the doing of any acts forbidden under this local law, or to attempt to do so.”

In essence, Local Law B would have conferred special rights upon people who suffer from gender identity disorder.  The clear intention of the bill was to establish a public policy in favor of cross-dressing and transsexuality, and to require employers, businesses, and public accommodations in Albany County to allow this behavior whether they like it or not.  The bill seemed to state that the sex of a person is not an innate, inborn characteristic given by God, but is rather a legal status “assigned” by others that can thus be altered.  While the bill contained a limited exception relating to religious organizations, its language on aiding and abetting raised concerns about Christians potentially being sued or penalized for speaking God’s truth about issues of gender.

 APAC, in conjunction with the New York Family Policy Council, opposed Local Law B on the grounds that (1) crossdressing and transsexuality, unlike characteristics such as race, color and national origin, are chosen behaviors that have nothing to do with a person’s identity and should not be accorded special legal protections; (2) Local Law B is unconstitutionally vague and overbroad; (3) Local Law B would create an unconstitutional infringement on the free speech of Christians and others; (4) Local Law B is offensive to Christian, pro-family values; and (5) Local Law B could encourage citizens to make unwise and ungodly choices by sending the message that crossdressing and transsexuality are good and acceptable, or at least neutral, behaviors.  APAC was especially concerned about the possibility of creating a climate where young people could be misled into seeing transsexuality – the (often irreversible) mutilation of one’s body in a futile attempt to “become” a member of the opposite sex – as an attractive lifestyle alternative, when it is actually a manifestation of spiritual deception and treatable mental illness. 

The initial public hearing on Local Law B took place in October 2004, and was followed by months of lobbying and debate at public forums held by the Albany County Legislature.  APAC’s efforts were countered by several local organizations, at least one “diversity educator,” who was looking forward to engaging in “education” about transgender issues in Albany County’s schools, and by the Empire State Pride Agenda, New York’s statewide gay and lesbian political organization.  The presence of the Empire State Pride Agenda revealed that the true purpose behind the bill was to lay the groundwork for a similar bill that was pending in the New York State Legislature.  APAC’s work on this bill challenged us to walk a difficult line of “speak[ing] the truth in love” on an emotionally charged issue.

Despite the fact that APAC’s opponents had far superior resources, despite initial support for Local Law B from some members of the Democratic majority in the Albany County Legislature, and despite the hostility of some members of the local media to our cause, God won the victory; the sponsor of Local Law B, John Frederick, eventually withdrew the bill from consideration because of lack of support from members of his own party.  APAC is thankful to have been a part of this victory, and is especially encouraged by the dozens of local Christians who came out to the Albany County Legislature in a show of support.