Ending a years-long campaign filled with rhetoric about civil rights and public safety, the Massachusetts Legislature on Thursday voted to extend anti-discrimination protections to transgender people in public places.
BOSTON -- Ending a years-long campaign filled with rhetoric about civil rights and public safety, the Massachusetts Legislature on Thursday voted to extend anti-discrimination protections to transgender people in public places, sending the bill to Gov. Charlie Baker's desk.
The House vote was 117-36. The Senate passed the bill on a voice vote.
"There are certain times when you serve in the Legislature that you're part of a historical moment, which some people may like, some people may not," said House Speaker Robert DeLeo, D-Winthrop. "I think this is one of those moments, and to be speaker of the House at this particular time, I think is very momentous, is something I'm very appreciative of."
Baker has said he will sign the bill, as long as it contains certain protections, which appear to be included. "Governor Baker believes no one should be discriminated against based on gender identity and looks forward to carefully reviewing the final bill," Baker spokeswoman Lizzy Guyton said Wednesday.
Kasey Suffredini, co-chair of Freedom Massachusetts, the coalition pushing for the bill, said, "It has been nearly a decade since this legislation was first introduced on Beacon Hill, and like many people, the governor has been on a journey towards understanding transgender people and the challenges we experience. ... We are hopeful that the Governor has listened, and that he will sign this bill as soon as possible."
The bill would ensure that transgender people cannot be discriminated against in places of public accommodation, such as restaurants or on public transit. Someone who is transgender would be allowed to use the bathroom or locker room of the gender with which they identify, rather than their biological sex.
The campaign for the bill was spearheaded by Freedom Massachusetts. Over the past couple of years, the group gradually built up support from businesses, unions, educational institutions, religious leaders and some members of law enforcement. The bill had strong support from Attorney General Maura Healey, the first openly gay state attorney general, and Senate President Stan Rosenberg, D-Amherst, Massachusetts's first openly gay senate president. Members of Massachusetts's all-Democratic congressional delegation also came out in support of the bill.
Earlier versions of the bill overwhelmingly passed both the House and the Senate, after passionate debate from both sides of the issue.
Baker, during his campaign, said he opposed changing the law, but his rhetoric softened over time. In June, he said he would sign the bill as long as it directs the attorney general to issue guidance on what legal action can be taken against someone who asserts gender identity for an "improper purpose."
The final version of the bill, released Wednesday, would make the protections effective Oct. 1. The Massachusetts Commission Against Discrimination and Healey would be instructed to begin writing regulations immediately, with those guidelines due by Sept. 1.
Under the bill, someone must have a sincerely held gender identity in order to take advantage of the protections, and someone cannot assert their gender identity for an improper purpose.
MCAD would develop guidelines to determine what evidence can be used to show the sincerity of someone's gender identify, and under what conditions evidence should be shown. Healey would be tasked with defining what an improper purpose is and under what circumstances a complaint can be made to law enforcement or to a state agency.
State Rep. John Fernandes, D-Milford, House chairman of the Judiciary Committee and a member of the negotiating committee, said the guidelines are important for businesses that must implement the non-discrimination policies. "Everyone wanted to know the playing field was level, the rules of the game were the same for everyone, and competitors were paying by the same rules," Fernandes said.
Supporters of the bill said it is a civil rights issue and will help transgender people avoid discrimination, such as being denied service in a restaurant because of their gender identity.
"We're preventing discrimination and promoting a civil right," said State Rep. Sheila Harrington, R-Groton, one of the few House Republicans to support the bill.
Opponents cited concerns related to privacy and public safety if, for example, a transgender woman who is biologically male can use a women's bathroom.
Andrew Beckwith, president of the Massachusetts Family Institute, which led the opposition, said Wednesday that the bill "continues to compromise the privacy and safety of the commonwealth's women and children."
While protesters and activists filled the Statehouse on the days the House and Senate passed earlier versions of the bill, the final votes taken Thursday were subdued. There was little discussion and few spectators, and the outcome of the votes was never in question.
"This is terrific news," said Arline Isaacson, co-chair of the Massachusetts Gay and Lesbian Political Caucus, a lobbying group for gay rights. "We are deeply grateful to the Senate and House leaders for making this happen. It will make a world of difference to the trans community in Massachusetts."