Monday, June 21, 2021

LGBTQA+ Law and Resources in Massachusetts

This LGBTQA+ Pride Month, did you know that the Massachusetts has many state-specific governmental and charitable organizations that are focused on LGBTQA+ rights? Further, the commonwealth has some of the most progressive laws regarding sexual orientation and gender identity in the United States. While this is by no means a complete list and there is always room for improvement, we hope that the list below will provide you with more information on the many state-wide groups that work to provide services or further legislation in support of the LGBTQA+ community as well as current state laws regarding sexual orientation and gender identity.

State Government:

  • Massachusetts Commission on LGBTQ Youth: originally the Governor's Commission on Gay and Lesbian Youth, this commission that makes recommendations for the support of LGBTQA+ youth to other government agencies, as well as providing resources for youth in schools such as the Safe Schools Program.
  • Massachusetts Commission Against Discrimination (MCAD): an agency that protects the people of Massachusetts against discrimination of many kinds, including gender, gender identity, and sexual orientation.

Cover of the Commission on Lesbian, Gay, Bisexual,
Transgender, Queer, and Questioning Youth’s 
FY2021 Report and Recommendations.


Statewide Organizations:

Image from the Boston Gay Men's Chorus Collection
at the Northeastern University
.

Laws/Decisions:

  • Adoption of Tammy: 1993 Massachusetts Supreme Court Judicial (SJC) decision allowing a second parent who is the same sex as the first parent to legally adopt a child.
  • Goodridge v. Department of Public Health: 2003 Massachusetts SJC decision that it was unconstitutional under the Massachusetts state constitution to restrict marriage to heterosexual couples. This decision made Massachusetts the first state to allow same-sex marriage in the United States.
  • MGL Chapter 22C Section 32: defines “hate crimes” as crimes committed with motivation regarding “gender, gender identity or sexual orientation prejudice,” among other prejudices. 
  • MGL Chapter 127 Section 32A: states that prisoners having gender identity differing from prisoner's sex assigned at birth should be addressed according to their gender identity and housed with other inmates of their gender identity, etc.
  • MGL Chapter 151B Section 4: asserts right against work discrimination based on gender identity and sexual orientation.
  • Massachusetts Gender Identity Anti-Discrimination Initiative, resulting in Chapter 134 of the Acts and Resolves of 2016, which updated several parts of the Massachusetts General Law (MGL) protecting the right of transgender individuals to use public accommodations such as bathrooms according to their gender identity.
  • MGL Chapter 112 Section 275: bans conversion therapy and other “sexual orientation and gender identity change efforts” by supposed health care professionals.

While there is still a lot of work to be done, it is important to know what resources exist and what laws are currently in place for the protection of the LGBTQA+ community. For more information about these governmental organizations or laws, feel free to contact the State Library’s Reference Department so we can help you with your research.


Alexandra Bernson
Reference Staff