In October, I wrote my blog post with Dean Inez Tuck to discuss ballot Question 1, Mandatory Nurse Staffing Ratios. This month, I explore another very important question that Massachusetts citizens will decide on November 6: Question 3, Maintaining Transgender Protections in Public Places.
As we said in our last blog, knowing the issues and being prepared to vote based on your full understanding of these questions is critical, especially since this is the first state-wide referendum in the country dealing with transgender rights.
In 2016, Massachusetts expanded an existing state law to include prohibiting discrimination against transgender people in places open to the public, including restaurants, hospitals, hotels, sports stadiums, and gym locker rooms. It mandated that transgender people can use the space that matches their gender identity and prevented the owner or manager of a public space from using signage that discriminates based on gender identity.
Question 3 asks voters to decide if these rights accorded to transgender people should be eliminated. Opponents have identified several reasons why this law should be repealed, none of which are grounded in fact or supported by the data. They fear opportunistic individuals could exploit the law to access women’s spaces like restrooms or locker rooms. A recent study by the ACLU found no change in the number of criminal incidents in bathrooms in Massachusetts after cities and towns passed laws protecting transgender people in public restrooms.
Opponents also suggest that people will inappropriately identify as transgender to prey on vulnerable people. Massachusetts Attorney General Maura Healy stated that in 18 others states that have these gender identity anti-discrimination laws, the “improper assertion of gender identity is extremely rare.” The fines and penalties are significant and clear for that rare individual who claims a false gender identity.
The 2011 state law that prohibits discrimination against transgender people in housing, employment, credit, and public education do not come under this ballot question and will remain intact regardless of the November 6 outcome. In 2016, the Massachusetts Legislature was on the cutting edge in passing a transgender rights law validating the equal rights of transgender people in the Commonwealth. Massachusetts once again will have an opportunity to lead the country by standing up for transgender protections by voting YES on Question 3.
I also want to share with you that, on a national level, transgender rights are coming under assault. The Trump administration just this month announced it is considering rolling back President Obama-era regulations that loosened the legal concept of gender in federal programs. If enacted, this change would eradicate federal recognition from the 1.4 million Americans who identify as a gender different from what they were born. This federal proposal is inconsistent with the diversity, equity, and inclusion values of the IHP, and we stand ready to support members of our community who would be affected by this.
A recent email sent out by MGH administration (below) identifies resources for individuals who might need help coping with this recent negative trend. The IHP Human Resources Department and the Office of Student and Alumni Affairs also can provide support to faculty, staff, and students. Anyone needing help should know there is support in our community that they can access.
Statement by Massachusetts General Hospital on Question 3
October 24, 2018
This week we learned that the federal government may attempt to change the legal definition of gender to one that does not reflect current scientific and medical knowledge and could restrict rights and reduce protections for transgender and non-binary individuals. This news is very disturbing to us and upsetting for some members of our hospital family who are experiencing heightened levels of anxiety and fear. As health care providers, we understand the importance of offering a supportive and inclusive healing environment, particularly for those experiencing identity-based social and health disparities.
This summer, we shared with you the steps that we have taken to strengthen and grow our programs to ensure a welcoming, safe, and affirming environment for transgender and non-binary individuals. We want to take this opportunity to remind our community of our commitment and specific initiatives:
- Continue to live by our community’s Mission, Credo, Boundaries and Diversity and Inclusion statements.
- Educate yourself. Learn about transgender and non-binary individuals’ unique medical needs and how you can create a welcoming environment for all.
- Make your voice heard. Have a plan to vote in this year’s election. Vote in person on November 6, or learn about opportunities to vote early or by absentee ballot in your community. In Massachusetts, a ballot referendum (Question 3), will ask voters to determine whether our commonwealth will retain its public accommodation and non-discrimination protections for transgender and non-binary people.
- Share available hospital resources:
- Employee Assistance Program
- LGBT Employee Resource Group
- MGH’s Transgender Health Program
- Spiritual Care
- Police and Security
We will continue to monitor developments in Washington and provide updates as indicated. In the meantime, our hospital community will lead by example and the words in our Diversity and Inclusion Statement: “Our job is to improve health and save lives, regardless of what our patients or colleagues look like, where they come from, what they believe or who they love.”
Peter L. Slavin, MD, MGH President
Timothy G. Ferris, MD, MGPO CEO
O’Neil Britton, MD, Chief Medical Officer, MGH
Marcela del Carmen, MD, Chief Medical Officer, MGPO
Debbie Burke, DNP, Senior Vice President of Patient Care and Chief Nurse