Boston – On the last day of formal session for the year, the Massachusetts Legislature passed the Transgender Equal Rights bill. Gov. Deval Patrick, a vocal proponent of the legislation, has already pledged to sign the bill into law, which means Massachusetts will soon become the 16th state to have enacted non-discrimination protections for transgender people.
“The Massachusetts Legislature took a historic step toward equality,” said Sonia Chang-Díaz, a Senate lead co-sponsor of the legislation. “In talking with constituents and advocates around my district, I’ve gained a vivid understanding of the discrimination the transgender community faces every day—discrimination that too often results in poverty and displacement from one’s community, or comes in the form of violence. And that’s why this bill is critical: it provides essential protections to our transgender friends and neighbors in employment, education, housing, credit, and in situations of hate-based violence.
“The bill is not perfect” Chang-Díaz continued. “It does not include protections for transgender residents in public accommodations—a goal for which we will surely continue to fight. Nevertheless, the bill is a huge step forward—one that will allow thousands of people across our state to go to work every day without fear of losing their jobs, seek housing without fear of discrimination, and walk down the street with less fear for their safety. And it will allow families of these individuals to know that their loved ones are protected as well.”
“Today, our state took a major step forward in providing essential civil rights protections for transgender residents of the Commonwealth,” said Gunner Scott, executive director of the Massachusetts Political Coalition. “This law will make a tangible difference in the lives of thousands of people across the state who need jobs, a safe place to live and a quality education. We are grateful to the legislators who supported the bill and for the leadership of Speaker Robert DeLeo and Senate President Therese Murray on this issue.”
“We are deeply grateful to our champions in the House and Senate, State Representatives Carl Sciortino and Byron Rushing and State Senators Ben Downing and Sonia Chang-Díaz. Likewise, we are truly thankful for the tremendous leadership of Gov. Deval Patrick, Senate President Therese Murray, Speaker Robert DeLeo, and Judiciary Co-chairs Sen. Cynthia Creem and Rep. Eugene O’Flaherty,” said Kara Suffredini, executive director of MassEquality. “This bill would not have passed were it not for their unwavering belief that all residents of Massachusetts, including transgender people, should be treated fairly and equally under the laws of our state.”
“The legislature has now formally recognized that transgender people suffer from unfair and unjust discrimination in employment and housing, and they took a huge step toward fixing that problem,” said Arline Isaacson, co-chair of the Massachusetts Gay and Lesbian Political Caucus. “We greatly appreciate the leadership of Speaker Robert DeLeo, Senate President Therese Murray and the legislators who spoke out passionately in support of their transgender constituents.”
The bill would provide vital protections for the Commonwealth’s approximately 33,000 transgender residents.
The version of the Transgender Equal Rights Bill passed by the legislature does not include protections within public accommodations, which were included in the original version of the bill filed by the cosponsors. The coalition fought to restore public accommodations protections in the Senate, but was unsuccessful. The final bill, however, extends much-needed civil rights and hate crimes protections to the state’s transgender residents, who experience high rates of employment discrimination and bias-related violence.
“This is an historic first step,” said Jennifer Levi, director of Gay & Lesbian Advocates & Defenders’ Transgender Rights Project. “But make no mistake — we need complete protections for transgender people, including in public accommodations. In the coming months, our coalition will continue to work with the legislature and educate them on the critical need to protect transgender people from discrimination in public spaces like buses, restaurants, and movie theaters.”
“The bill gives transgender people an equal shot at obtaining everyday basics we all need -- a job, a place to live, an education. It's a major step forward for fairness, but we won’t stop working until transgender people are fully protected under the Commonwealth’s civil rights laws, including in public accommodations,” said Gavi Wolfe, legislative counsel for the ACLU of Massachusetts.
“The legislature took an important step today,” said Rebekah Gewirtz, director of Government Relations and Political Action for the National Association of Social Workers, MA. “All hardworking people in our state, including transgender people, should have the chance to make a living and provide for themselves and their families. No one should have to live in fear that they can be legally fired, lose their housing, or be denied credit based on their gender identity. NASW MA Chapter applauds the legislature for their action on this critically important bill.”
A February, 2011 report found that 76 percent of transgender people in Massachusetts have been harassed on the job because of their gender identity; 20 percent have lost their job because of their gender identity; and 17 percent have been denied a promotion because they are transgender.
Seventeen percent of transgender residents have been denied housing because of their gender identity, and 10 percent of transgender residents have been homeless because they could not find work. Fifteen percent of transgender people make $10,000 or less in annual household income while only three percent of the general population makes $10,000 or less in annual household income.
The Commonwealth of Massachusetts spends at least $3 million annually on public benefits for transgender residents who are eligible to work but can’t find a job because of their gender identity.
Fifteen states, the District of Columbia, and 136 cities and towns around the country have passed laws and ordinances protecting transgender people from discrimination.
Gov. Patrick signed an executive order in February 2011 protecting transgender state workers from employment discrimination. He also submitted written testimony supporting the bill to the Joint Committee on the Judiciary.
The Judiciary Committee vote follows a public hearing on the bill held in June in which supporters of the Transgender Equal Rights Bill far outnumbered those testifying against it. Among those who testified in favor were Attorney General Martha Coakley, Cambridge Police Department Superintendent Christopher J. Burke, Julian T. Tynes of the MA Commissions Against Discrimination and representatives from the Mass. Society for the Prevention of Cruelty to Children, Jane Doe, Inc., and MassNOW.
