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Text of H1577 - Bill to extend "transgender rights" to all public accommodations, including restrooms and locker rooms

Includes links to references in current law, and our description of each section.

An Act relative to gender identity and nondiscrimination

This defines the long list of "public accommodations" and lists things you can't discriminate on (or even incite an act of discrimination), and adds "gender identity" to that list:

SECTION 1. Section 92A of chapter 272 of the General Laws, as so appearing, is hereby amended by inserting after the word “sex”, in line 9, the following words:- , gender identity.

This is the "bathroom bill" section. It requires all public accommodations to allow transgenders (i.e. men dressed as women, etc.) to be able to use the opposite sex restrooms and locker rooms:

SECTION 2. Said section 92A of said chapter 272, as so appearing, is hereby further amended by inserting the following sentence at the end of the second paragraph:-

Any public accommodation including without limitation any entity that offers the provision of goods, services, or access to the public that lawfully segregates or separates access to such public accommodation or other entity based on a person’s sex shall grant all persons admission to and the full enjoyment of such public accommodation or other entity consistent with the person’s gender identity.

Very onerous: If a business owner, employee, or customer even makes a "distinction" in a pubic accommodation about a person's "gender identity" they can be fined $2500 and imprisoned for one year, as well as be liable for damages via a lawsuit from the aggrevied party. Moreover, it's considered an official "civil rights" violation:

SECTION 3. Section 98 of said chapter 272, as so appearing, is hereby amended by inserting after the word “sex”, in line 2, the following words:- , gender identity.

This references the absurd official definition of "gender identity" - (see below) found at the end of this long section of the law. It creates a legal difference between "appearance or behavior" and "assigned sex at birth." To cover bathroom "predator" issues, it also states that "gender-related identity shall not be asserted for any improper purpose":

SECTION 4. The term gender identity as used herein shall have the meaning as set forth in clause 59, Section 7 of chapter 4 of the General Laws.

This allows the infamous Massachusetts Commission Against Discrimination to make official public rules, regulations, and polities to enforce this bill. It can also assess a civil penalty. This is fairly open-ended and quite frightening:

SECTION 5. The Massachusetts Commission Against Discrimination, established by section fifty-six of chapter six, is authorized to adopt, promulgate, amend, and rescind rules and regulations or to formulate policies and make recommendations to effectuate the purposes of this Act.

 

Definition of "gender identity" found in Section 7 of chapter 4, clause 59:

''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.

 

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