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What a drag! On Jan. 14, Massachusetts lawmakers introduced a Transgender "Civil Rights" bill titled "An Act Relative to Gender-Based Discrimination and Hate Crimes," also known as Bill H1722. This legislation would give transgender people the same special protection under Massachusetts law as racial, ethnic, and religious groups.
Currently, laws against hate crimes based on "sexual orientation" already protect transgenders in Massachusetts. However, many transgender advocacy organizations want specific laws rephrased to protect the "gender identity or expression" of individuals such as cross-dressers, masculine women, feminine men, bi-genders, and gender-neutrals.
The bill gives no objective definition of "gender identity or expression," and allows individuals to decide for themselves whether they are male or female, despite anatomy, birth-sex, or appearance
The Massachusetts Transgender Political Coalition (MTPC), the feisty activist group that created Bill H1722, says that the bill's purpose is to "[Provide] people of diverse gender identities and expressions equal protection under the law…It sends a clear message that everyone should be able to work, go to school, and live without fear in Massachusetts."
This may sound innocent enough, but Bill H1722 is already being dubbed a "nightmare" by opposition groups. Amy Contrada, of MassResistance says it "would force normal citizens with traditional values to bend to abnormal and revolutionary concepts."
Bill H1722 will have an impact on all Massachusetts residents, transgender or not. According to one of its statutes, the bill will protect "gender identity or expression" in "any place, whether licensed or unlicensed, which is open to and accepts or solicits the patronage of the general public," including schools, businesses, public bathrooms, hospitals, and places of worship.
The bill has many powerful supporters, including Gov. Deval Patrick, State Attorney General Martha Coakley, Congressman Barney Frank, and Northampton Mayor Clare Higgins.
The Minuteman looked into Bill H1722 to discover how the potential law would affect you...
Public Schools
Will Bill H1722 require that transgenderism be taught in public schools?
Yes. Children will be taught about transgenderism starting in elementary school, similar to how they are currently taught about homosexuality.
Cross-dressing will also be permitted for both students and teachers.
Office Dress Code
Will Bill H1722 allow men and women to cross-dress at work, regardless of office dress codes?
While the MTCP maintains that "there is no evidence that [Bill H1722 would lead] to any increase in the number of employees who cross-dress on the job," there is no denying that this bill would make it illegal for any employer to fire or reprimand a cross-dressing employee, despite office dress codes.
This encompasses all jobs in the state, including teachers, waiters, police officers, and doctors.
Public Bathrooms
Will Bill H1722 allow men to use women's bathrooms and vice versa?
According to the MTPC's website, the answer is yes-- sort of:
"This policy will prevent requiring people to use bathrooms that do not correspond to their gender identity. It will not mean that women will have to share bathrooms with men. All people must have access to safe and dignified bathroom facilities, regardless of their gender identity or expression," it says.
In other words, a man who "self-identifies" as a man will not be allowed to use the ladies' room. However, a man wearing a dress who claims he's a woman will be allowed to-- even if he has had no gender-reassignment surgery.
Dorm Policy
Will Bill H1722 force college women to dorm with men, and vice versa?
Yes. Since public universities like UMass are open to the general public, this law would require them to allow "the full enjoyment of the accommodations consistent with an individual's gender identity or expression." According to the current bill, a masculine woman who "self-identifies" as a man could apply for male housing at a Massachusetts state school.
Hospitals
Will Bill H1722 require all hospitals to perform sex reassignment surgery-- even if they are religiously affiliated?
Yes, hospitals, even religiously affiliated ones, are open to the general public and will be required to perform sex-reassignment surgery.
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