BOSTON, Mass. -- Remarks during the signing ceremony for Massachusetts' new transgender civil-rights law lasted less than an hour when, on Thursday, Jan. 19, activists, lawmakers, the governor, and state constitutional officers gathered before noon on Beacon Hill in the Senate Reading Room.
There, in the old Senate chamber, several hundred joyful and grateful people marked an occasion some were not quite sure they would ever celebrate. Six years ago,
"We honestly wondered and worried if anyone would show up to testify," explained state Rep. Carl M. Sciortino, Jr. (D-Medford). Sciortino, a lead House sponsor of the transgender bill, was referring to the first time lawmakers considered a measure that would extend basic civil-rights and hate-crimes protections to an estimated 30,000 transgender residents of the Commonwealth. "It was telling that day [of testimony in the Gardener Auditorium]," he said, "when people told us, „Can I go into that building [the State House]? Can I get through security?"‟ Many transgender people, their families, friends and allies in fact did show up then and over the years to testify and lobby lawmakers, sharing painful personal stories of discrimination and violence against them. In the end, story telling made all the difference. "It has not been an easy ride," Sciortino said, "with many bumps along the way, in so many years of fighting, many false starts and roller-coaster rides." Nonetheless," welcome to the people‟s house," he said.
"This is what comes from turning to each other rather than turning against each other," said Gov. Deval Patrick, whom Sciortino introduced as a "hero and legend of LGBT equality." "This is about what happens when people come together for common cause for their own sake and for the sake of a principle, which is that people should come before their government as equals," Patrick said. "I am so proud of you," he said. "And look at what you have done."
Recent legislative background
The Massachusetts House of Representatives passed "An Act Relative to Transgender Equal Rights" by a vote of 95 – 58 on Nov. 15, 2011. The following day the Senate approved the measure on a voice vote. Gov. Patrick signed the bill into law on Nov. 23. When it takes effect on July 1, 2012, the Commonwealth will join 15 other states and the District of Columbia in extending protections to its transgender residents in employment, housing, education, credit, and hate crimes. Amherst, Cambridge, Boston, and Northampton already have local ordinances protecting transgender persons. Altogether, 136 cities and counties nationwide have included "gender identity" in non-discrimination ordinances and laws. States with transgender civil-rights protections include California, Colorado, Connecticut, Hawaii, Illinois, Maine, Minnesota, New Jersey, New Mexico, Rhode Island, Vermont, Iowa, Oregon, Washington, and Nevada.
Under current Massachusetts law, race, color, religious creed, national origin, sex, sexual orientation, age, among other categories are protected classes. The new would add the term "gender identity" to the list. The new law defines that term as "a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, as part of a person's core identity; provided however, gender-related identity shall not be asserted for any improper purpose."
In addition to Sciortino, Rep. Byron Rushing (D-South End) was a leading co-sponsor in the House, along with Senators Benjamin B. Downing (D-Pittsfield) and Sonia Chang-Diaz (D-Boston), lead co-sponsors in the Senate.
For now, public accommodations omitted
The new law, however, does not include protections for public accommodations, such as hotels and restaurants, restrooms, locker rooms, public buildings and transit, including subway and bus lines. That omission bothers Sen. Chang-Diaz, who, in her brief remarks, referred to the law as "not perfect," and vowing "another fight, on another day, to come back and get public accommodations."
