Family Law

The proposed Act, which can be read here, amends Massachusetts's existing discrimination laws, including the hate crimes law (M.G.L. c. 22C sec. 32), non-discrimination in education laws (M.G.L. c. 71 and 76), non-discrimination in employment and housing laws (M.G.L. c. 151B), and non-discrimination in public accommodations law (M.G.L. c. 272), to include a proscription of discrimination on the basis of "gender identity or expression".

The proposed Act defines "gender identity or expression" as "a gender-related identity, appearance, expression, or behavior of an individual, regardless of the individual's assigned sex at birth." Currently, there are no laws explicitly protecting transgender persons and other persons facing discrimination or violence either (i) because their gender identity differs from their assigned sex, or (ii) whose gender identity, behavior, or appearance clashes with society's stereotypical gender expectaions.

In the absence of specific statutory authority, some lower state court judges in Massachusetts have begun to use existing non-discrimination laws which prohibit discrimination on the basis of "gender" or "disability" to find needed protection for transgender persons. According to the Massachusetts Transgender Political Coalition (MTPC), "[t]ransgender people derive some protections from ... various MCAD and court rulings but they are not explicitly protected by our laws.

The inclusion of gender identity and expression in our non-discrimination and hate crime laws achieves three important goals:

• It makes a clear statement of statewide policy.
• It makes clear the scope of coverage to anyone who reads the laws or encounters materials related to them.
• It affirms the Commonwealth's commitment to fair treatment and freedom from discrimination, crime, and violence for all its citizens."

Full post as published by Massachusetts Gay and Lesbian Legal Briefs on March 04, 2008 (boomark / email).