Transgender bill opens door to party clash

Activists see ‘flip-flop’ by GOP nominee Baker
By Michael Levenson – Boston Globe

Charles D. Baker, who came to last Saturday’s state Republican convention hoping to focus squarely on the economy, taxes, and jobs, has sparked a heated debate over a divisive social issue by deriding a transgender-rights bill cosponsored by his running mate, state Senate minority leader Richard R. Tisei.

At issue is a bill that would make it illegal to discriminate on the basis of “gender identity or expression.’’ Social conservatives have dubbed it the “bathroom bill,’’ contending it would sanction unisex bathrooms and locker rooms.

On Saturday, after critics of the bill highlighted Tisei’s support for the legislation in phone calls to delegates and in petitions at the convention, Baker quickly issued a flier calling it the “bathroom bill’’ and saying he would veto it if elected.

Yesterday, gay rights activists accused Baker of a “flip-flop on transgender employment protections’’ because Harvard Pilgrim Health Care, which he led from 1999 until last year, has a stated policy “to hire, train, and promote our employees without regard to race, religion, gender, [and] gender identity,’’ the legal term for transgender people.

“It appears Charlie Baker was for transgender civil rights before he was against them,’’ DeeDee Edmondson, political director of MassEquality, a gay rights group, said in a statement. “Given Harvard Pilgrim Health Care’s history of protecting employees from discrimination based on gender identity, which happened under Charlie Baker’s watch, we were surprised to hear of his opposition to the Transgender Civil Rights Bill.’’

A spokesman for Baker, Rick Gorka, said yesterday, “Saturday’s comments stand, and that’s Charlie’s position on the issue.’’

State Treasurer Timothy P. Cahill, who is running for governor as an independent, jumped into the fray yesterday by issuing a strongly worded statement saying that he, too, would veto the legislation. “While I oppose discrimination of any kind, the sponsors of this bill wrote it with a sledgehammer approach that could radically change the social landscape in the interest of protecting a small interest group. That is wrong,’’ Cahill said. “My opponent Charlie Baker claims he opposes the bill, but when he had to pick a running mate, he picked Richard Tisei, one of the lead cosponsors of the bill.’’

Governor Deval Patrick has been a vocal supporter of the bill, calling it “another step forward in achieving fair and equal treatment for all.’’

It is a controversy Baker might have preferred to avoid as he tries to run in the mold of past Republican governors such as William F. Weld and Paul Cellucci, who campaigned as social moderates and fiscal conservatives. Baker supports abortion rights and same-sex marriage, and has picked Tisei, who is gay, as his candidate for lieutenant governor.

But social conservatives remain a presence in Massachusetts, and Baker must walk a fine line in espousing social positions that are considered liberal for a Republican candidate.

Conservative activists applauded Baker for strongly opposing Tisei’s legislation, which has not passed the House or Senate in the three years since it was first introduced despite support from 104 lawmakers.

“We’re very pleased,’’ said Kris Mineau, president of the Massachusetts Family Institute. “I know that Mr. Baker is very concerned about family values. He has a lovely family and he’s concerned about the environment his children are being raised in, and he basically feels the bill goes too far.’’

Gay rights activists, meanwhile, said they were stunned that Baker promised to veto the legislation and used the term “bathroom bill,’’ which they regard as a scare tactic designed to raise the specter of sexual predators dressing as women and entering women’s bathrooms.

“This is his first foray into the tough and heated world of politics in the Republican Party, and at the first brush fire he sacrificed something important at the altar of political expediency,’’ said Arline Isaacson, cochairwoman of the Massachusetts Gay and Lesbian Political Caucus. “The bottom line is you can’t be halfway for equality. You’re either for it or against it.’’

At an awkward news conference after winning the convention and knocking rival Christy Mihos off the ballot, Baker stood with Tisei and played down his flier opposing the bill. “I picked a guy to be my running mate who doesn’t always agree with me on everything, and I don’t always agree with him,’’ Baker said as the Wakefield resident looked on.

Baker denied he was trying to court the GOP’s socially conservative wing, which has been cool to him and Tisei, although every candidate in the race backs abortion rights and gay marriage.

“I think a guy who supports gay marriage and is pro-choice, and has been pretty clear on those, and picked a gay fella as his running mate, is pretty much not pandering too much of anybody,’’ Baker said, putting a hand on Tisei’s shoulder. Tisei did not speak at the news conference.

Supporters of the bill say concerns about different sexes using different bathrooms are a distraction and have not arisen in the 13 other states that have enacted similar bills. They say the measure is designed to protect transgender people from violence and from discrimination in housing and employment.

“It’s a bill that simply adds gender identity to the list of other reasons why you can’t discriminate,’’ said Nancy Nangeroni, chairwoman of the Massachusetts Transgender Political Coalition. “Someone like me who lives as a woman will have the right to use women’s rooms, as I do now. It’s not going to change anything.’’

Calling it the bathroom bill “is a scare tactic, pure and simple,’’ said state Representative Carl M. Sciortino Jr., a Somerville Democrat and lead sponsor of the bill. “It’s catering to the right wing of the Republican Party at the expense of the civil rights of all citizens. But we’re going to continue to move forward.’’

Mineau, with the Massachusetts Family Institute, said it was important for Baker to state his position on the legislation, which he says would open the door to the sexes mixing in school bathrooms and locker rooms.

“Our overall concern is we want to ensure the safety, privacy and modesty of all citizens, and particularly among our most vulnerable is children,’’ Mineau said. “And it certainly allayed a lot of concerns when they took that position on the Baker campaign. We had not heard Mr. Baker take a formal position and it’s obvious he has taken a positive public position.’’

Jesse Ehrenfeld, chairman of the Log Cabin Republicans of Massachusetts, a gay Republican organization, dismissed the controversy, saying Baker and Tisei “are two separate people’’ and the “great thing’’ is that they both support same-sex marriage.