MA
Ballot Question 3 seeks to repeal Chapter 134 of the Acts of 2016, which
prohibits discrimination against transgender individuals.
The
Massachusetts Medical Society supports “yes” on MA Question 3 to retain
transgender discrimination laws.
This
law as currently in place adds gender identity to the list of prohibited
grounds for discrimination in places of public accommodation, resort, or
amusement. Such grounds also include race, color, religious creed, national
origin, sex, disability, and ancestry. A “place of public accommodation, resort
or amusement” is defined in existing law as any place that is open to and
accepts or solicits the patronage of the general public, such as hotels,
stores, restaurants, theaters, sports facilities, and hospitals. “Gender
identity” is defined as a person’s sincerely held gender-related identity,
appearance, or behavior, whether or not it is different from that traditionally
associated with the person’s physiology or assigned sex at birth.
This law prohibits
discrimination based on gender identity in a person’s admission to or treatment
in any place of public accommodation. The law requires any such place that has
separate areas for males and females (such as restrooms) to allow access to and
full use of those areas consistent with a person’s gender identity. The law
also prohibits the owner or manager of a place of public accommodation from
using advertising or signage that discriminates on the basis of gender
identity.
This law directs the
state Commission Against Discrimination to adopt rules or policies and make
recommendations to carry out this law. The law also directs the state Attorney
General to issue regulations or guidance on referring for legal action any
person who asserts gender identity for an improper purpose.
The provisions of this
law governing access to places of public accommodation went into effective as
of October 1, 2016. The remaining provisions were effective as of July 8, 2016.
A
yes vote on Question 3 keeps in place current law prohibiting discrimination
based on gender identity in places of public accommodation.
MMS
policies on nondiscrimination:
The MMS reaffirms its commitment to working for
the best possible health care for every patient in the Commonwealth regardless of racial identification,
national or ethnic origin, sexual orientation, gender identity, religious
affiliation, disability, immigration status, or economic status. (HP)
