Outward

Massachusetts Governor Signs Bill Outlawing Trans Discrimination

Massachusetts Gov. Charlie Baker.

Scott Eisen/Getty Images

Massachusetts Gov. Charlie Baker, a Republican, signed into law a bill forbidding gender identity discrimination in public accommodations on Friday. “No one should be discriminated against [because] of their gender identity,” Baker—America’s most popular governor—declared in a tweet. The bill bars anti-trans discrimination in a broad array of contexts and allows trans people to use the bathroom and locker room consistent with their gender identity. Baker refused to support the measure for many months but ultimately concluded that trans activists had demonstrated the necessity of further legal protections against discrimination.

One of the few high-profile moderates left in the GOP, Baker’s support of trans rights stands in stark relief to the rest of his party. The Republican National Committee has endorsed anti-trans “bathroom bills” that exclude trans people from public restrooms, and state efforts to promote such legislation has been universally spearheaded by Republicans. Eleven states have sued the Obama administration for prohibiting anti-trans discrimination in education and employment under existing civil rights law; every attorney general who joined the suit is a Republican. And on the same day that Baker signed the Massachusetts bill into law, 10 more states launched a lawsuit against the federal government’s trans-inclusive rules. Once again, the attorneys general behind the second suit are all Republicans.

Before signing trans-inclusive legislation, Baker demanded a compromise to ensure that predators will not abuse the law to molest people in bathrooms. Although no one has ever used a trans nondiscrimination law to access a bathroom for predatory purposes, the legislature complied. The bill Baker signed directs the Massachusetts Commission of Discrimination to develop a legal standard for establishing an individual’s gender identity and orders the state attorney general to create regulations under which predators who abuse the law can be prosecuted.

These compromises are both gratuitous and redundant, unless the Massachusetts legislature plans to repeal its trespass and sexual assault statutes. Still, a few questionable sentences in an otherwise terrific bill is a small price to pay to make trans inclusivity the law of the state.