Massachusetts Gov. Patrick Signs Transgender Equality Bill Into LawNote what it covers, employment, housing, credit and education, do you see anything missing? What about public accommodations? An article in the Huffington Post said,
Colorlines
By Jorge Rivas
January 19 2012
On Thursday, Massachusetts Governor Deval Patrick held a ceremonial signing for H.3810, “An Act Relative To Gender Identity,” which now legally protects transgender individuals from discrimination in housing, education, employment and credit. The new law also provides additional civil rights and protections from hate crimes.
“No individual should face discrimination because of who they are,” Governor Patrick said in a press release. “This legislation gives Massachusetts the necessary tools to stop hate crimes against transgender people and to treat others fairly. I am proud to sign it.”
…This change will create equal protections for transgender individuals seeking employment, housing, credit and education…
Still, many transgender rights activists found fault with the new legislation, drawing attention to its lack of public accommodation protections. Last fall's removal of such a protection, which would have required all "sex-segregated facilities" such as rest rooms or locker rooms to grant admission to people based on gender identity was heavily criticized by many who considered it a key component.So what does it mean that public accommodations is not covered? I don’t know. And neither does anyone else. Case law in this area was based on the face that the legislature had never voted protection for trans-people and the courts ruled that we were covered under existing laws. Will the case law prevail now that the legislature has voted and excluded public accommodation or will they now claim that because the legislature has voted and specifically voted to exclude public accommodations. Who knows, it’s a crap shoot.
“Just because it’s such a basic right for people and the fact that it’s not protected is kind of atrocious,” said Kaylin MacNeil of Holyoke.
Public accommodations are more than just bathroom and showers. They are restaurants, movie theaters, parks, hospitals, grocery stores, anything that is open to the public.
I hope the case law does prevail, becuase it is a long ride to New Hampshire.
off-topic:
ReplyDeleteIs your Internet still fouled-up? I sent you two e-mails the last few days and I did not get a response to either.
Stana
Could be, I replied to your email yesterday. I also sent you one just now, let me know if you got it.
ReplyDeleteWhile speaking to the sponser of the bill at this week's First Event, he felt that the Massachusetts Equal Rights Commission would continue to interpret trans discrimination as gender discrimination and therefore public accomidations would be covered. This would also be consistent with the findings of most but not all of the Federal Appeals courts although I don't think the Circuit covering Massachusetts has ruled.
ReplyDelete"felt" is the key word. No one really knows until a judge rules on an actual case.
ReplyDeleteDiana, The Equal Rights Commission does already have a history of doing so. It would require them to say that, since the legislation did not include it in the bill, they must not have wanted it so they will not follow their precedence.
ReplyDeleteExactly, and that is entirely possible. I have talked to many people who have worked on the legislation both here in CT and in MA who have said that the Equal Rights Commission or the courts reverse their rulings.
ReplyDeleteHere in CT when we were planning strategy on our bill, all the legal advice was not to let a bill get voted on unless we were sure we could pass it. That it would create a new ballgame.
Does it mean that their rulings will change, no. But the possibility does exist.