Gender Identity in Massachusetts Law
The Abolition of Sex-Based Rights in MA
In this Substack we strive to keep readers updated and informed on current and pending laws and policies relating to gender that will significantly impact women's rights and child safeguarding. Below are the current laws in Massachusetts relevant to our concerns. We will continue to monitor and update if there are changes and alert you if there are state or local actions that require our immediate action or attention.
What is “gender identity” under Massachusetts state law?
“Gender identity” shall mean a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held as part of a person's core identity; provided, however, that gender-related identity shall not be asserted for any improper purpose. (M.G.L Chapter 4, § 7, para 59.)
What is proof of gender identity for an adult?
Evidence of gender identity may consist of any one of the following:
medical history, care, or treatment of gender dysphoria
consistent and uniform assertion of the gender identity
consistent conduct over a period of time
What is the law on this?
Massachusetts General Law, Chapter 4, Session 7
An Act Relative To Gender Identity, passed 2011
Can sex markers be changed on state ID documents?
Yes. The sex markers on Massachusetts identification documents can be changed so that the person will be regarded as their chosen sex in the eyes of the law.
Driver’s License or State-issued ID
Submission of a signed ID application stating the applicant’s gender identity.
Proof of medical transition or surgery from a medical provider or counselor/psychologist is not required.
Birth Certificate
Submission of an affidavit from the applicant and a notarized statement from a physician or psychiatrist that “the person has completed medical intervention, appropriate for that individual, for the purpose of permanent sex reassignment and is not of the sex recorded on the record.”
Proof of medical transition, surgery, or a court order is not required.
The reissued birth certificate may be marked as amended but will not specify what was amended.
What law allows for these changes?
Mass. General Laws Ch. 46, §§ 13-E.
Can males be housed in a MA state female prison?
Yes, with or without a diagnosis of gender dysphoria a male prisoner with a female gender identity shall be housed in a woman’s correctional facility per his request. However, if the commissioner or sheriff certifies that the placement would not ensure the prisoner’s health or safety or that the placement would present management or security problems then the prisoner would be housed in a male prison.
What proof of gender identity is needed?
Any one of the following constitutes proof of gender identity:
evidence of consistent and uniform assertion of the gender identity
consistent conduct over a period of time
medical diagnosis of gender dysphoria.
What laws or guidance allows this?
Bill S 2371, An Act relative to criminal justice reform, 4/2018
Can males access female-designated public accommodations such as toilets and locker rooms?
Yes, Prohibiting a person from using a public restroom or other sex-segregated facility consistent with their gender identity is illegal.
What proof of gender identity is necessary?
No proof of gender identity is necessary. It should always be presumed that the person is using the facility most consistent with their gender identity.
However, if there is a legitimate concern about potential improper or unlawful conduct then an employee may privately ask the person “Are you using the appropriate facility?”
If it is reasonable to believe that the person is already engaging in improper or unlawful conduct then that person may be questioned, detained, and reported to law enforcement.
What laws or guidance allows this?
Massachusetts General Law, Part IV, Title I, Chapter 272, Section 92A; see also https://www.mass.gov/doc/ag-healey-gender-identity-guidance-for-public-accommodations-9-1-16/download
Can males join female-only organizations such as sporting or sexual assault survivor groups?
Yes. Prohibiting a person from joining a sex-segregated organization or club consistent with their gender identity is illegal.
What proof of gender identity is necessary?
Requiring proof of gender identity is only allowed if the organization requires documentation of gender for all member applicants.
Any one of the following constitutes proof of gender identity:
driver’s license or government ID
letter from a healthcare provider
letter from a friend, clergy, or relative regarding the person’s routine conduct, such as dress, grooming, and use of corresponding pronouns
any other evidence that the gender identity is sincerely held as part of the person’s core identity
What laws or guidance allows this?
Massachusetts General Law, Part IV, Title I, Chapter 272, Section 92A; see also https://www.mass.gov/doc/ag-healey-gender-identity-guidance-for-public-accommodations-9-1-16/download
Is it legal for a venue to have only multi-stall gender-neutral toilets?
The state plumbing code requires multi-stall restrooms to be labeled and designated single-sex but the state can issue a code variance for multi-stall gender-neutral bathrooms.
What laws or guidance allows this?
248 CMR 10.00: UNIFORM STATE PLUMBING CODE
https://www.mass.gov/files/documents/2017/09/28/248cmr10_0.pdf
Regarding minors in public schools
Are public schools required to affirm a student’s gender identity, pronouns, and chosen name?
Yes. Not to do so would be discrimination on the basis of gender identity, provided that the gender identity is not asserted for an improper purpose.
Can boys be members of girl’s sports teams?
Yes, where there are sex-segregated classes or athletic activities, including intramural and interscholastic athletics, all students must be allowed to participate in a manner consistent with their gender identity. With respect to interscholastic athletics, the Massachusetts Interscholastic Athletic Association will rely on the gender determination made by the student's district; it will not make separate gender identity determinations.
Can boys use girls’ toilets or locker rooms?
Yes, prohibiting a student from using the restroom or locker room that corresponds with their gender identity would be discrimination on the basis of gender identity.
What constitutes proof of gender identity for minors in public schools?
Proof of gender identity may consist of any one of the following:
consistent and uniform assertion of the gender identity
consistent and uniform appearance and behavior
a letter confirming the student’s gender identity from a school staff member familiar with the student such as a teacher or guidance counselor
a letter confirming the student’s gender identity from a parent, family member, friend, family friend, clergy member, or coach
a letter from a social worker, doctor, nurse practitioner, or other health care provider stating that a student is being provided medical care or treatment relating to their gender identity
photographs at public events or family gatherings are other potential forms of confirmation.
What laws or guidance allows this?
Guidance for Massachusetts Public Schools Creating a Safe and Supportive School Environment
Nondiscrimination on the Basis of Gender Identity
"They have simply told us that "gender identity" is something that needs to be protected in law, without ever telling us what it means, or why it needs to be protected. What it means is the complete obliteration of sex in the law and the annihilation of the rights, privacy, and safety of women and girls. Americans deserve to be told the truth." - Kara Dansky, The Abolition of Sex.
Nothing says utter and complete disregard for women and girls then the insane, non-definable, "gender identity." What this now means for the every day life of females, is that the fear and actuality of male violence against us will be allowed to proceed without any legal limits. Our boundaries have been eliminated by this State sponsored misogyny.