Vote On Transgender Protections Bill Scheduled

Boston, MA - A bill protecting transgender individuals' access to restrooms, lockers rooms and other public spaces goes to a vote before the House next week, where it is expected to pass.

The bill prohibits discrimination against transgender people in public places, and protects the right to choose a restroom or other public facility that matches a person's sexual identity, regardless of anatomical sex.

It is singular in Massachusetts -- advancing non-discrimination measures supporters believer were wrongly excluded from a a gender identity protections law that passed under former Gov. Deval Patrick. But given the tenor of the national conversation, passage of this bill would put Massachusetts in truly unique territory.

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Eleven states filed a joint lawsuit Wednesday against the Obama administration over the release of recent federal guidelines that direct schools to allow transgender students to use the bathrooms and locker rooms of their choice.

Massachusetts addressed that facet of the debate in 2013, when the state's education agency issued its own directive on public school students' ability to choose a bathroom or locker room that matches the gender they identify with, among other protections. It was the first in the nation to do so.

That doesn't mean everything has gone smoothly since.

As Patch reported at the time, school districts sometimes struggled to interpret that directive. The Gloucester Times recently reported that even three years out, confusion remains.

"Transgender students still face widespread discrimination and harassment from their peers and misunderstanding from school officials who often don’t know what their obligations are under state and federal law," the paper reported, citing interviews with students, school officials and advocates.

That question of grey area and interpretation explains why the House may amend one key provision of the state's new transgender protections law.

As Mass. Politico reports, the House version of the bill requires the state's attorney general's office to issue guidance and regulations to law enforcement agencies. Those guidelines are meant to help officials interpret the law in cases where they believe someone is claiming to be transgender "for improper purposes." The state AG's office backs the measure, Politico reports.

It also speaks to one of opponents' most loudly voiced concerns. Fears of exploiting the law for "improper purpose," as the House bill puts it, is key to those who stand against the bill.

The Massachusetts Family Institute remains staunchly opposed to the bill. It has held rallies at the state Capitol and leaders have urged members to make their voices heard on Beacon Hill, where they believe bill supporters have been drowning them out.

Meanwhile, the optimism from bill supporters is palpable.

"We’ve been fighting for 10 years to pass this legislation. Transgender Bay Staters? They’ve been waiting their whole lives for full non-discrimination protections in the state they call home," Freedom Massachusetts Campaign Chair Mason Dunn said in an email to supporters, calling on members to rally at the statehouse next week.

The House debates the bill Wednesday.