Massachusetts House passes transgender bill

"House Bill 4253 ...provides that those who identify as transgender shall not be subject to discrimination in such public places as hospitals and restaurants, and will allow those who are transgender to use the rest- and locker-rooms of the gender with which they identify." Jurist

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Bert Perry's picture

From Chapter 4, Section 7, clause 59 of Massachusetts General Laws:

Fifty-ninth, ''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.

Let's just note that the definition is exceedingly broad--it does say you can't assert it for an improper purpose, but what that means in practice is that your hypothetical Megan's Lister in the ladies' room has to be caught doing something improper before you kick him out.  I would also guess that in practice, wearing an article or two of women's clothing is going to be sufficient to persuade authorities of a "sincerely held" gender identity.  Here's Mallard Fillmore on what will happen on college campuses as a result.

 I am no prophet or the son of a prophet, but I do predict the following things.  First, Megan's Listers will from time to time take advantage of this provision to offend others.  The question is not whether or not it will occur, but rather to what extent it will occur.  Second, I predict that enough people will take advantage of this who are not truly "transgender" that someone is going to take the law into their own hands.   The question, again, is not whether it will happen, but how often, and whether the victim is a deserving Megan's Lister or someone who truly has gotten his birth certificate and drivers' license changed.

It is sad to contemplate that the Massachusetts legislature and the governor will not be held personally responsible for what happens with this--well, at least they won't on this side of Jordan.

Aspiring to be a stick in the mud.