State House Hearing on 'Transgender' Bill Stirs Controversy

Community members and legislators met at the State House last Wednesday to discuss House Bill 502, known as the "Transgender Rights Bill," a controversial piece of legislation surrounding transgender discrimination.

The nine-hour meeting saw impassioned testimony from lawyers, public officials, public safety officers, parents and clergy members who expressed a wide range of opinions about the bill, which was introduced by state Rep. Carl Sciortino of Medford (D).

The bill seeks to add “gender identity or gender expression" to existing civil rights laws to protect transgender people from discrimination in housing and employment. The legislation would make such discrimination a hate crime. If it passes the bill, Massachusetts would become the 16th state to outlaw transgender discrimination.

On Wednesday, some participants worried that passage of the bill would create safety issues, specifically in public restrooms and other gender-specific spaces. State Rep. Shelia Harrington (R) of Groton, inquired whether men would "just decide they identify as women" and walk into a women's bathroom.

Roberto Miranda, Pastor of the  said such issues could pose difficulties for facilities like his.

“You are damned if you do, damned if you don't,” he said. “If a young man is saying that this is how he expresses his gender identity, then our church could face a lawsuit." 

However, JT Scott, owner of the CrossFit Fenway Gym, said transgendered members have never caused any problems.

“I have had no complaints,” he said. “I am familiar with social anxieties, but they are no basis for the legislature to stand for equality against all people."

Another major concern was the cost of converting building facilities, including changes to lock and single-stall bathrooms. Others said that schools would have a difficult time dealing with parental complaints. 

But for Gunner Scott, executive director of the Massachusetts Transgender Political Coalition, and other participants with ties to the transgender community, such gripes pale in comparison to the trials transgender people face on a day-to-day basis.

"If we need to fill out a CORI check for employment we have to disclose old names…that will give away our previous gender, and for some, if we have transitioned mid-career, past work references may not know us by the name we use now,” Scott said. “A credit check for housing or a loan may turn up our old name or a request to see our school transcripts may also do the same.

“Prior to my transition, I had civil rights, now I don’t, and that just does not seem right," he said.

Jennifer Levi, director of the Transgender Rights Project for Gay & Lesbian Advocates & Defenderstestified against a vague definition before the Committee.

“Protections for a person’s gender-related expression – including appearance, behavior and mannerisms – need to be broad,” she said. “Our past experience has shown that sex discrimination and race discrimination protections have sometimes been interpreted narrowly by some courts, not recognizing the relationship between a person’s appearance, behavior, and mannerisms, and that person’s identity.”

She cited a recent federal appellate court ruling that an employer could fire a female employee for not wearing make-up even though wearing make-up for that person would be distressing and disruptive of that person’s ability to do her job.

As a result of such discrimination, many transgender people are unemployed, Scott said, costing the state at least $3 million annually through public health insurance programs and other services.

“This is a bill that won’t cost the state a dime, but has the potential to save us millions of dollars annually,” he said. “The simple truth is that we can’t afford to not pass this bill.”

South End resident and community activist Michael Falcone said he was “thrilled” to see support for the bill from local politicians such as state Rep. Aaron Michlewitz and Senator Sonia Chang-Diaz.

"This is important for public safety and for so many of my neighbors in the South End, and around the entire city, who are discriminated against every day because of their gender identity,” he said.

Governor Deval Patrick is also an outspoken supporter for legal protections of transgender people and has said that he would sign the bill. It currently awaits the Judiciary Committee’s report in order for the House or Senate to begin voting procedures.