Alex Valou testifies on codifying intersex protections in Section 8-102
Alex Valou, a Fordham Law student in the legislative advocacy clinic, says Intro 131 would amend Section 8-102 to include intersex traits. He says codifying the existing interpretation prevents future commissions from revoking guidance and protects 140,000 intersex New Yorkers.
Good afternoon.
Let me shift this a little bit.
Good afternoon.
My name is Alex Valou, and I am a third-year law student at Fordham University School of Law, and I was participating in our legislative advocacy clinic in the spring 2026 semester, which is part of Lincoln Square Legal Services, Inc.
For the last two years, we have partnered with Interact, an intersex rights advocacy group, which you heard from prior, and its executive director, Arka Lorschbo.
So you have heard from many intersex individuals about their experiences facing discrimination and indignity merely because of who they are.
Today, I will emphasize the need for a statutory amendment to the language of Section 8-102.
While the interpretive guidelines mention discrimination against intersex people, incorporating intersex traits into the statutory language increases visibility and ensures that advisory guidelines cannot be revoked at a later date.
In 2015, the New York City Commission on Civil and Human Rights promulgated rules to guide enforcement on Section 8-102 of New York City Human Rights Law.
The guidance currently mentions intersex under its definition section and includes the term as an example of violation.
In 2019, the Commission...
The Commission issued additional guidance interpreting the prohibition on gender-based discrimination to include discrimination based on being intersex.
While the Commission has interpreted discrimination against intersex people to be prohibited, a future Commission or administration may choose to amend the rules or to revoke its guidance.
So by amending Section 8-102 to include intersex trades, the Council today can prevent any changes in the rule or guidelines tomorrow that may harm the New York City intersex community.
As we all know, the political environment of the United States and the state of New York are in flux.
New York City has always been a stronghold of human rights with forward-looking laws that ensure protection for the city's diverse inhabitants.
Intro 131 is no different.
Intro 131 does not create a new liability regime for the Commission to enforce.
It does not change the Commission's enforcement mechanisms.
It codifies an existing interpretation of Section 8-102 to ensure stable protection of a community of 140,000 people.
So to codify and strain the protections for this far too often overlooked segment of New Yorkers, we urge the committee to report this bill to the full council for consideration and for its passage.
Thank you.