Lawyer says transgender bathroom bill a safety threat

By Matthew K. Roy
Staff writer

Legislation designed to protect the state’s transgendered population from discrimination poses a public safety threat, critics say.

A bill filed in the state House of Representatives would allow any man who claims to consider himself a woman access to a women’s bathroom or locker room, Salem lawyer Phil Moran said yesterday.

“Someone could decide that he’s a woman for the day and go right into the women’s locker room,” he said.

Moran points to a section of the bill that requires “places of public accommodation, resort or amusement” to provide people “the full enjoyment of the accommodations consistent with an individual’s gender identity or expression.”

“It’s preposterous for (lawmakers) to go forward with this bill,” Moran said.

The bill has been filed with more than 100 co-sponsors, including House Speaker Robert DeLeo, state Sen. Thomas McGee, and local Reps. Lori Ehrlich of Marblehead, Ted Speliotis of Danvers, John Keenan of Salem and Mary Grant of Beverly.

“The purpose and motivation behind the bill is to eliminate discrimination against a class of people,” Keenan said.

It would update state law by making it illegal for employers, landlords and others to discriminate against someone on the basis of his or her “gender identity or expression,” Keenan said. It would also make criminal acts against transgendered persons that were motivated by bigotry or bias a hate crime.

“It’s a matter of fairness, more than anything,” Keenan said.

During an interview yesterday, Keenan did not object to freeing access to bathrooms and locker rooms, but acknowledged that he would consider an amendment.

“It’s very early in the process,” Keenan said about a bill that is still in committee. “Bills change. … If that’s an issue that needs to be addressed, then I’m sure we can deal with it.”

Grant also offered support for the bill yesterday, saying it was about civil rights, not public safety.

“It protects a group of people that have been discriminated against,” she said. “It’s not an easy thing for them.”

Reps. Ehrlich, Speliotis, Joyce Spiliotis of Peabody and Brad Hill of Ipswich could not be reached for comment yesterday.

Moran was scheduled to speak against the bill today at a Statehouse press conference organized by the Massachusetts Family Institute.

He called it “bizarre” that it does not address a way to prevent a man or woman from falsely identifying him or herself as transgendered to gain access to the bathroom of the opposite sex.

“It’s absurd,” Moran said. It creates a situation in which a health club manager could be subject to penalties under the state’s civil rights laws for challenging the validity of a man’s use of a women’s bathroom, he said. Similar legislation was before New Hampshire lawmakers last month. The House of Representatives voted it down by a 181-149 vote.

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