Posted by 25 September 2018
The fate of the Massachusetts law banning discrimination in public accommodations based on gender identity will be decided in November.
Question 3 will allow voters to determine if the law passed in 2016 that prohibits discrimination based on gender identity will go into effect. State residents collected enough signatures to put it on the ballot this year. If a majority of voters reject Question 3, the law will be overturned.
At issue is whether or not businesses and the government must provide accommodation for individuals based on the gender by which they identify. The law applies to businesses such as restaurants, stores, hotels, stadiums, and other similar places as well as schools and government buildings. Under the law, someone’s gender identity is protected if it is "sincerely held as part of a person's core identity" regardless of "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.” This law prohibits businesses and schools from allowing someone to access a bathroom or locker room based on their gender identity.
Those who support this law say that it is needed in order to protect transgender residents of Massachusetts from discrimination. They contend that many transgender individuals are harassed for using public accommodations, so this law is necessary in order for these individuals to live their lives without fear. Those opposed to the law say that it will make it easier for men looking to victimize women or girls to access women’s bathrooms.
Six other states have similar laws banning discrimination in public accommodations based on gender identity.
Do you think states should pass laws banning discrimination based on gender identity? Do you support laws requiring schools and businesses to provide individuals access to bathrooms and locker rooms based on their gender identity?