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Massachusetts Affirms Transgender Protection Law

November 13th, 2018

A Massachusetts state law that is designed to protect transgender individuals from discrimination in areas like restrooms has been affirmed by a statewide referendum.

A Massachusetts state law that is designed to protect transgender individuals from discrimination in areas like restrooms has been affirmed by a statewide referendum.

A Massachusetts state law that is designed to protect transgender individuals from discrimination, including in areas like locker rooms and restrooms, has been affirmed. This decision comes after opponents of the anti-discrimination law collected enough signatures for a repeal question to be placed on the ballot. With this vote, Massachusetts has become the first state to affirm transgender rights at the state level, with a full 68% supporting the law.

Arguments Created Against the Law

Groups that wanted to repeal this law stated that they did not intend to legalize discrimination or remove protection for transgender individuals, but instead wanted to prevent assault and harassment occurring from people who falsely claim to be female. The groups also argued that they had previously attempted to convince the Massachusetts legislature to exclude registered sex offenders from protections created by the law. Supporters of the repeal also argued that businesses might be hesitant to report abuse of the law because doing so would make them vulnerable to charges of discrimination as well as possible fines.

What the History of the Law Suggests

Records from the Massachusetts attorney general’s office revealed that only a few complaints were made over the law’s two-year history and that none of these complaints suggested any types of predatory acts occurred in bathrooms or locker rooms. Records, however, also suggested that widespread discrimination against transgender individuals is not occurring in the state. Only one of the complaints filed with the Massachusetts’ anti-discrimination office revealed a transgender man was barred from the men’s section of a homeless center.

Support of the Law

Supporters of the law noted that it helps to prevent transgender discrimination from occurring at public facilities. There is also another Massachusetts’ law that prohibits discrimination against transgender individuals in an employment and housing setting. The Freedom for All Massachusetts group raised $3.9 million in efforts to make certain that the law remained. The transgender law also received substantial support from Democratic officials in the state as well as Governor Baker, who signed the bill into law in 2016.

The Impact of the Case

Many transgender rights supporters expressed concern that if the repeal had passed, it would have had a substantial impact on not just Massachusetts, which was the first state to legalize gay marriage, but also on many other states that have passed similar legislation. A spokesperson for Massachusetts Trans Political Coalition commented that the state is dedicated to equality and transgender rights, and that repealing this law would have denigrated Massachusetts’ dedication to equality. Meanwhile, a spokesperson for the group responsible for leading efforts against the law refused to comment about what impact the legislation would have likely had.

The Goal of the Universal Life Church’s Blog

After a period of significant advancement, transgender rights have been met with several obstacles in the last year, including the Supreme Court’s Masterpiece cake decision. Each month, the Universal Life Church’s blog strives to document the most significant developments in the rights of transgender individuals.

(image courtesy of Mike Wilson)


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