Massachusetts Gender Identity Anti-Discrimination Initiative Explained

Massachusetts Question 3, 2018
Gender Identity Anti-Discrimination Veto Referendum
Location:Massachusetts
Yes:1806742
No:857401
Total:2752665
Map Size:300px
Voter Registration:if nothing is entered or term is omitted, the term "registered voters" is used. if "no" is entered, "registered voters" is replaced by "eligible to vote"
Voting System:First Past the Post
Notes:Source: Massachusetts Secretary of the Commonwealth

The Massachusetts Gender Identity Anti-Discrimination Initiative is a state-wide referendum passed by Massachusetts voters in the 6 November 2018 mid-term election that prohibits discrimination in public accommodations on the basis of gender identity. The vote upholds language which was already present in the state anti-discrimination statute, defeating an attempt to veto it by public referendum. It is the first state-wide anti-discrimination statute passed by referendum supporting transgender rights in the United States.[1] [2]

Statute

On July 7, 2016, “An Act Relative to Transgender Anti-Discrimination” (Senate Bill 2407) was passed by a voice vote in the Senate and 117-36 in the House. It was signed by Governor of Massachusetts Charlie Baker the next day. It took effect on October 1, 2016. It amended Section 92A of chapter 272 of the General Laws to cover "gender identity" in "any place of public accommodation, resort or amusement that lawfully segregates or separates access...based on a person’s sex" such that all individuals shall be treated "consistent with the person’s gender identity."[3] The places of "public accommodation" where discrimination is forbidden include, according to GLAD, "restaurants, libraries, hotels, malls, public transportation, and beyond," as well as "bathrooms and locker rooms."[4]

Support for the "No" vote

Keep MA Safe opposed the 2016 anti-discrimination law and advocated its repeal. A press release on their website dated September 28, 2016, said that "hundreds of volunteers" had met the deadline to provide the 32,375 signatures required to get the question on the ballot.[5]

Their campaign finance report filed September 7, 2018, indicated that the group raised $286,000 since the campaign began in 2017. Of this, $106,300 was raised in 2018.[6]

An older group, MassResistance, founded by Brian Camenker in 1995, feared that Keep MA Safe's campaign was inadequate. One month before the election, MassResistance began its own splinter campaign with its preferred, "admittedly more inflammatory alternative" message that gender is determined by sex, that transgender identity is a mental disorder, and that there should be no civil rights based on transgender identity.[7]

Several days after the election, MassResistance published an article undercutting Keep MA Safe's main argument. The claim that transgender women pose a threat in public bathrooms, MassResistance alleged, was an invention. MassResistance said that this "largely contrived" position had been used in the Massachusetts political campaign mainly because it appealed to emotion and had been used successfully when the city of Houston voted against housing and employment rights three years earlier; however, it had failed in Massachusetts. "Our side concocted the 'bathroom safety' male predator argument," MassResistance claimed.[8]

Support for the "Yes" vote

Freedom For All Massachusetts, also known as "Yes on 3," formed to campaign for the "Yes" vote to preserve the existing anti-discrimination law.

The political advocacy coalition included:

Freedom for All Massachusetts' campaign finance report filed September 7, 2018, indicated that the group raised $2.7 million since the campaign began in 2017. Of this, $1.8 million was raised in 2018.[21]

"Yes" was endorsed by the city councils of Boston, Cambridge, Somerville, Melrose, Arlington, Lexington,[22] and Northampton.[23] It was "wholeheartedly" endorsed by The Boston Globe newspaper,[24] and The Salem News also urged a "Yes" vote.[25]

Election result

The vote on November 6, 2018, affirmed the law,[26] 67.8 percent to 32.2 percent (1,781,041 to 846,804).[27]

Studies

Amira Hasenbush, Andrew R. Flores, and Jody L. Herman of the Williams Institute at the UCLA School of Law determined that the anti-discrimination laws in several cities did not affect the local rate of crimes reported in restrooms. They examined Massachusetts cities before and after they passed such laws (which the cities had done to protect transgender people before the 2016 anti-discrimination law was applied statewide) as well as Massachusetts cities that never passed any such law. The study was published in Sexuality Research and Social Policy in July 2018.[28] [29] [30]

A 2013 study of transgender and gender-nonconforming adult residents of Massachusetts found that 65% of respondents had experienced discrimination in public accommodations (in some cases, regarding bathrooms) within the previous year.[31]

Polling

Date(s) conducteddata-sort- type="number" style="background:green; color:white; width:100px;"Yesdata-sort- type="number" style="background:#dc241f; color:white; width:100px;"Nodata-sort- type="number" style="background:silver; width:100px;"Undecideddata-sort-type="number" style="width:40px" Leaddata-sort-type="number" Margin of errordata-sort-type="number" SampleConducted byMethod
data-sort-value="2016-06-28" style="background:#D5D5D5"October 25–28, 201868%26%7%42%± 4.4%502 likely votersThe MassINC Polling GroupLandline and cell phone live interviews
data-sort-value="2016-06-23" style="background:#D5D5D5"October 24–27, 201868%28%4%40%± 4.4%500 likely votersSuffolk University Political Research Center Landline and cell phone live interviews
data-sort-value="2016-06-23" style="background:#D5D5D5"September 13–17, 201873.2%17.4%9.2%55.8%-500 likely votersSuffolk University Political Research Center
data-sort-value="2016-06-23" style="background:#D5D5D5"June 14, 201848.8%37.2%14%11.6%-500 likely votersSuffolk University Political Research Center
data-sort-value="2016-06-23" style="background:#D5D5D5"May 22–26, 201852%38%11%14%± 4.4%501 registered votersThe MassINC Polling GroupLandline and cell phone live interviews

See also

Notes and References

  1. News: Massachusetts Election Results . . November 6, 2018 . November 6, 2018.
  2. Web site: Gstalter . Morgan . Massachusetts passes first statewide referendum protecting transgender rights . The Hill . November 6, 2018 . November 6, 2018.
  3. Web site: Bill S.2407, 189th General Court (2015 - 2016) An Act Relative to Transgender Anti-Discrimination. Massachusetts Legislature. 28 May 2018.
  4. Web site: MA Public Accommodations Q&A. GLAD: Legal Advocates and Defenders. 28 May 2018. 11 July 2016.
  5. Web site: Bathroom Law Repeal Effort Hits Its Mark. Keep MA Safe. 23 October 2018. 28 September 2016.
  6. News: Schoenberg . Shira . Transgender rights groups outspend opponents in Massachusetts ballot question fight . 12 September 2018 . MassLive . 10 September 2018.
  7. Web site: Massachusetts voters overwhelmingly say "yes" to transgender "bathroom" law. What happened? . MassResistance . 6 December 2018 . 9 November 2018.
  8. Web site: Massachusetts voters overwhelmingly say "yes" to transgender "bathroom" law. What happened? . MassResistance . 6 December 2018 . 9 November 2018.
  9. Web site: Massachusetts Businesses Say: Discrimination Hurts Our Bottom Line . Freedom for All Massachusetts . 6 December 2018.
  10. News: Boston Children's Hospital Endorses Freedom For All Massachusetts Campaign! . 1 June 2018 . Freedom For All Massachusetts . 1 June 2018.
  11. Web site: Massachusetts Faith Leaders for Freedom . Freedom For All Massachusetts . 6 December 2018 . 6 December 2018 . https://web.archive.org/web/20181206235220/https://www.freedommassachusetts.org/faith/ . dead .
  12. News: Massachusetts Sexual Assault, Domestic Violence, and Women's Organizations for Freedom . 6 December 2018 . Freedom for All Massachusetts . 6 December 2018 . https://web.archive.org/web/20181206235411/https://www.freedommassachusetts.org/women/ . dead .
  13. Web site: Massachusetts Higher Education for Freedom . Freedom for All Massachusetts . 6 December 2018.
  14. Web site: Massachusetts Labor Unions for Freedom . Freedom for All Massachusetts . 6 December 2018.
  15. Web site: Transgender Equality . ACLU Massachusetts . 6 December 2018. 2016-06-10 .
  16. Web site: Massachusetts Nonprofit and Advocacy Organizations for Freedom . Freedom For All Massachusetts . 6 December 2018.
  17. News: Stahl . Shane . Freedom For All Massachusetts Launches Campaign to Defend Transgender Dignity at the Ballot in November . 1 June 2018 . Freedom For All Massachusetts . 3 May 2018.
  18. Web site: Massachusetts Mayors for Freedom . Freedom For All Massachusetts . 6 December 2018 . 6 December 2018 . https://web.archive.org/web/20181206235342/https://www.freedommassachusetts.org/mayors/ . dead .
  19. Web site: Massachusetts Law Enforcement for Freedom . Freedom For All Massachusetts . 6 December 2018.
  20. Web site: About Freedom for All Massachusetts. Freedom For All Massachusetts. 28 May 2018. 28 May 2018. https://web.archive.org/web/20180528214716/https://www.freedommassachusetts.org/about/. dead.
  21. News: Schoenberg . Shira . Transgender rights groups outspend opponents in Massachusetts ballot question fight . 12 September 2018 . MassLive . 10 September 2018.
  22. Web site: Cambridge City Council Backs Yes on 3 Campaign to Uphold Transgender Protections in Massachusetts . Freedom For All Massachusetts . 25 September 2018 . 24 September 2018 . 22 February 2020 . https://web.archive.org/web/20200222195602/https://www.freedommassachusetts.org/cambridge-city-council-backs-yes-on-3-campaign-to-uphold-transgender-protections-in-massachusetts/ . dead .
  23. News: Aresco . Nicholas . Northampton council supporting "Yes" on Question 3 to protect transgender individuals . 27 October 2018 . WWLP . 23 October 2018 . 27 October 2018 . https://web.archive.org/web/20181027070128/https://www.wwlp.com/news/local-news/hampshire-county/northampton-is-voting-yes-on-question-3-to-protect-transgender-individuals/1544758127 . dead .
  24. News: Stand up for equality: Vote Yes on 3 . 18 October 2018 . The Boston Globe . 18 October 2018 . limited.
  25. News: Our view: Ballot questions will have wide impact . 31 October 2018 . Salem News . 29 October 2018.
  26. News: Creamer . Lisa . Mass. Votes 'Yes' On Question 3 To Keep Law Protecting Transgender People In Public Accommodations . 7 November 2018 . WBUR . 6 November 2018.
  27. Web site: Massachusetts Ballot questions, 3 - Gender Identity Rights . . November 8, 2018 . November 8, 2018 . 100% reporting.
  28. News: Ebbert . Stephanie . Study finds no link between transgender rights law and bathroom crimes . 12 September 2018 . Boston Globe . 12 September 2018.
  29. News: Gender-identity inclusive nondiscrimination laws do not jeopardize safety in public bathrooms . 12 September 2018 . Williams Institute . 12 September 2018.
  30. Hasenbush . Amira . Flores . Andrew . Herman . Jody . Gender Identity Nondiscrimination Laws in Public Accommodations: a Review of Evidence Regarding Safety and Privacy in Public Restrooms, Locker Rooms, and Changing Rooms . Sexuality Research and Social Policy . 23 July 2018 . 16 . 70–83 . 10.1007/s13178-018-0335-z . 149893864 . 1868-9884.
  31. Web site: Reisner . SL . White . JM . Dunham . EE . Heflin . K . Begenyi . J . Cahill . S . The Project Voice Team . Discrimination and Health in Massachusetts: A statewide survey of transgender and gender nonconforming adults (2014) . Fenway Health . 15 September 2018.

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