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The bill signed into law by Baker has been hailed as a compromise bill by many with provisions meant to allay reservations from conservative lawmakers. As part of the compromise, the MCAD will develop policies and recommendations on when and how a business owner can establish what gender a customer identifies as.
The state attorney general, Maura Healey, has also been tasked with creating regulations for prosecuting individuals who “assert gender identity for an improper purpose.” These elements were included in the House’s version of the bill but not the Senate’s.
Emily Michalakes, political manager at LGBTQA+ grassroots advocacy organization MassEquality and a Northeastern graduate student in urban and regional policy program, explained that while most of the bill’s protections are effective immediately, Healey has until Sept.1 to give these recommendations, which will go into effect Oct. 1.
The modifications did not appease Beckwith. Healey’s support for the transgender community makes her an unreliable ally for those who oppose the bill, he said.
“This is the same attorney general who said a couple months ago that she was very disturbed over people who have concerns over this bill, and that if someone is not comfortable using the bathroom with a transgender person, which means someone of the opposite anatomical sex, that they should just hold it,” he said. “So if that’s the person who’s supposed to protect my interests and the interests of my family, then that’s not much of a compromise.”
But as Michalakes explains, the law extends to many more places than bathrooms and locker rooms.
“Everyone talks about bathrooms and locker rooms, but really what it is, is where we are when we’re not at home, work or school,” she said. “So just thinking about everything that’s a public space, this law is going to have a huge impact because it allows the transgender community to feel safe and equal in a public space.”
While the bill is a big step forward, activists say that plenty still needs to be done to achieve full equality for the transgender community. Dunn said that achieving health care equity for transgender individuals will be one of the next big barriers to overcome, while Michalakes said the fact that conversion therapy is still legal in Massachusetts is one of the most glaring problems. She also mentioned pay equality and changing the gender marker on drivers licenses and IDs. The new legislation is simply a “a piece of the puzzle,” she said.
“The fight isn’t over because of this bill,” Michalakes said.
Photo courtesy Rappaport Center, Creative Commons