Text of MA H 502 (2011)

HOUSE DOCKET, NO. 00658 FILED ON: 01/18/2011 HOUSE . . . . . . . . . . . . . . . No. 00502 The Commonwealth of Massachusetts _______________ PRESENTED BY: Carl M. Sciortino, Jr. and _______________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill: An Act relative to transgender equal rights.. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Carl M. Sciortino, Jr. 34th Middlesex Susan C. Fargo Third Middlesex Byron Rushing 9th Suffolk Jennifer E. Benson 37th Middlesex Christine E. Canavan 10th Plymouth Patricia D. Jehlen Second Middlesex James B. Eldridge Middlesex and Worcester Kate Hogan 3rd Middlesex Thomas M. Stanley 9th Middlesex Benjamin B. Downing Berkshire, Hampshire, and Franklin William N. Brownsberger 24th Middlesex Lori A. Ehrlich 8th Essex Sean Garballey 23rd Middlesex Cory Atkins 14th Middlesex Jay Kaufman 15th Middlesex Peter V. Kocot 1st Hampshire Stephen Kulik 1st Franklin Jason M. Lewis 31st Middlesex Denise Provost 27th Middlesex Jeffrey Sánchez 15th Suffolk Theodore C. Speliotis 13th Essex Alice K. Wolf 25th Middlesex Denise Andrews 2nd Franklin Kay Khan 11th Middlesex David Paul Linsky 5th Middlesex James J. O'Day 14th Worcester Tom Sannicandro 7th Middlesex Frank I. Smizik 15th Norfolk Martha M. Walz 8th Suffolk Ruth B. Balser 12th Middlesex Jonathan Hecht 29th Middlesex John W. Scibak 2nd Hampshire Paul Brodeur 32nd Middlesex Cheryl A. Coakley-Rivera 10th Hampden Carolyn C. Dykema 8th Middlesex Gloria L. Fox 7th Suffolk John D. Keenan 7th Essex Elizabeth A. Malia 11th Suffolk Aaron Michlewitz 3rd Suffolk Michael J. Moran 18th Suffolk Sarah K. Peake 4th Barnstable Alice Hanlon Peisch 14th Norfolk Timothy J. Toomey, Jr. 26th Middlesex Sonia Chang-Diaz Second Suffolk Stephen Stat Smith 28th Middlesex Ellen Story 3rd Hampshire Cleon H. Turner 1st Barnstable Brian Ashe 2nd Hampden Ann-Margaret Ferrante 5th Essex Linda Dorcena Forry 12th Suffolk Kevin G. Honan 17th Suffolk Paul Mark 2nd Berkshire Kathi-Anne Reinstein 16th Suffolk Benjamin Swan 11th Hampden James E. Vallee 10th Norfolk Steven M. Walsh 11th Essex HOUSE . . . . . . . . . . . . . . . No. 00502 By Mr. Carl M. Sciortino of Medford, petition (accompanied by bill, House, No. 00502) of Susan Fargo and others relative to gender based discrimination and hate crimes. Joint Committee on the Judiciary. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE ￿ HOUSE ￿ , NO. 1728 OF 2009-2010.] The Commonwealth of Massachusetts _______________ In the Year Two Thousand Eleven _______________ An Act relative to transgender equal rights.. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 AN ACT RELATIVE TO TRANSGENDER EQUAL RIGHTS. 2 SECTION 1. Section 67 of chapter 3 of the General Laws, as appearing in the 2008 Official 3 Edition, is hereby amended by striking out the words “commission on gay and lesbian youth”, in 4 lines 1 and 2, and inserting in place thereof the following words:- commission on gay, lesbian, 5 bisexual, and transgender youth. 6 SECTION 2. Said section 67 of said chapter 3, as so appearing, is hereby further amended by 7 striking out the words “parent of a gay or lesbian person”, in line 16, and inserting in place 8 thereof the following words:- parent of a gay, lesbian, bisexual, or transgender person. 9 SECTION 3. Said section 67 of said chapter 3, as so appearing, is hereby further amended by 10 inserting after the words “sexual-orientation”, in lines 19 and 20, the following words:- gender 11 identity or expression. 12 SECTION 4. Said section 67 of said chapter 3, as so appearing, is hereby further amended by 13 striking out the words “gay and lesbian organizations”, in lines 29 and 30, and inserting in place 14 thereof the following words:- gay, lesbian, bisexual, and transgender organizations. 15 SECTION 5. Section 67 of said chapter 3, as so appearing, is hereby further amended by 16 striking out the words “gay and lesbian,” in lines 45, 50, 52, and 56, and inserting in place 17 thereof in each instance the following words:- gay, lesbian, bisexual, and transgender. 18 SECTION 6. Section 56 of chapter 6 of the General Laws, as so appearing, is hereby amended 19 by inserting after the word “women”, in line 44, the following words:- ; people of diverse gender 20 identities or expressions. 21 SECTION 7. Section 32 of chapter 22C of the General Laws, as so appearing, is hereby 22 amended by inserting after the word “gender”, in line 12, the following words:- , gender identity 23 or expression. 24 SECTION 8. Section 89 of chapter 71 of the General Laws, as so appearing, is hereby amended 25 by inserting in each instance after the word “sex”, in lines 53 and 143, the following words:- , 26 gender identity or expression. 27 SECTION 9. Section 5 of chapter 76 of the General Laws, as so appearing, is hereby amended 28 by inserting after the word “sex”, in line 10, the following words:- , gender identity or 29 expression. 30 SECTION 10. Section 12B of said chapter 76, as so appearing, is hereby amended by inserting 31 after the word “sex”, in line 185, the following words:- , gender identity or expression. 32 SECTION 11. Section 1 of chapter 151B of the General Laws, as so appearing, is hereby 33 amended by inserting after subsection 23 the following subsection: 34 24. The term “gender identity or expression” shall mean a gender-related identity, appearance, 35 expression, or behavior of an individual, regardless of the individual’s physiology or assigned 36 sex at birth. 37 SECTION 12. Section 3 of said chapter 151B, as so appearing, is hereby amended by inserting 38 in each instance after the word “sex”, in lines 17 and 61, the following words:- , gender identity 39 or expression. 40 SECTION 13. Said section 3 of said chapter 151B, as so appearing, is hereby amended by 41 inserting after the word “women”, in line 53, the following words:- ; people of diverse gender 42 identities or expressions. 43 SECTION 14. Section 4 of said chapter 151B, as so appearing, is hereby amended by inserting 44 in each instance after the word “sex”, in lines 3, 69, 82, 87, 96, 103, 136, 163, 169, 179, 226, 45 233, 243, 339, 349, 353, 359, 474, 484, 494, 650 and 659 the following words:- , gender identity 46 or expression. 47 SECTION 15. Section 39 of chapter 265 of the General Laws, as so appearing, is hereby 48 amended by inserting after the words “sexual orientation”, in line 4, the following words:- , 49 gender identity or expression. 50 SECTION 16. Said section 39 of said chapter 265, as so appearing, is hereby further amended 51 by adding the following sentence at the end of subsection (a):- 52 For the purposes of this section, the term “gender identity or expression” shall have the same 53 meaning as that term is defined in subsection 24 of section one of chapter one hundred and fifty- 54 one B. 55 SECTION 17. Section 92A of chapter 272 of the General Laws, as so appearing, is hereby 56 amended by inserting after the word “sex”, in line 9, the following words:- , gender identity or 57 expression. 58 SECTION 18. Said section 92A of said chapter 272, as so appearing, is hereby further amended 59 by inserting the following sentence at the end of the second paragraph:- 60 Notwithstanding the provisions of this section or any other special or general law to the contrary, 61 all otherwise lawfully sex-segregated facilities, accommodations, resorts and amusements shall 62 grant persons admission to and the full enjoyment of such facilities, accommodations, resorts and 63 amusements consistent with their gender identity or expression. 64 SECTION 19. Section 98 of said chapter 272, as so appearing, is hereby amended by inserting 65 after the word “sex”, in line 2, the following words:- , gender identity or expression. 66 SECTION 20. If any provision of this Act is deemed invalid or unconstitutional, such a 67 determination will not affect the validity of any other provision of this Act.