News Item

BOSTON PASSES HISTORIC TRANSGENDER EQUAL RIGHTS LEGISLATION

On October 30, 2002, Mayor Thomas M. Menino expanded anti-discrimination protection for over 589,000 citizens of Boston, Massachusetts plus those who visit and work there. Without any fanfare or press announcement, the mayor signed a gender-identity nondiscrimination ordinance overwhelmingly passed by the City Council a week earlier.

"Gender identity and expression" is defined as "a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression whether or not that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different
from that traditionally associated with a person's sex at birth." This definition covers such gender variation as transsexuals in all stages of transition, cross-dressers, drag queen and kings, and the intersexed.

Addressing such concerns as employment, public accommodation, lending, housing, credit, insurance, and education, the ordinance adds gender-identity or expression to the list of protections for those who reside, visit, and work within the city. It's also noted as being one of the most comprehensive nondiscrimination languages in the country,
especially on public accommodations.

"By passing this ordinance, Boston has affirmed its commitment to ending all forms of discrimination," said Cole Thayer, cofounder of the Massachusetts Transgender Political Coalition. Thayer was one of a large coalition of local and national groups - such as the National Transgender Advocacy Coalition (NTAC), the National Gay & Lesbian Task Force (NGLTF), and even the Human Rights Campaign (HRC) - that participated in training and in directly working and in testimony for passage of the ordinance.

"The City Council has proven to be open to learning about discrimination," added Thayer, "it has unmistakably shown that it is dedicated to protecting the rights of all who don't conform to rigid sex stereotypes."

At least one council member had a difficult time with the extension of equal rights to transgenders. In a column written for the South Boston Tribune last summer, Councilman James M. Kelly said, "I can't support this ordinance because cross dressers have the option of dressing as they please after work, out of school, after their job on the
construction site, and away from the locker room." In voting against the ordinance, Kelly remarked, "We're solving a problem that doesn't exist."

Council member Kelly's logic completely overlooks the Peter Oiler v. Winn Dixie case where a Louisiana truck driver fired by Winn-Dixie for cross-dressing on his own time. In September, a The 5th Circuit Court judge ruled that indeed an employer may terminate an employee simply for the way they dress (in this case cross-dressing) away from the job.

But despite the concerns of council member Kelly, the City Council voted 9 to 1 to pass the ordinance with one abstention and one absence.

"The sense of community that came from the amount of support received was overwhelming," said Ethan St. Pierre, a board member of NTAC who testified before City Council for the measure. "I felt very empowered to be a part of and to witness such a historic event."

Gunner Scott, also an MTPC, added, "I am very happy and excited by the support that was shown throughout this process from both community members and Boston City Council members. Both the Boston City Council and Mayor Menino have demonstrated that discrimination will not be accepted or tolerated in Boston for all its citizens. This is a great step forward for transgender folks in Massachusetts."

Transgender activists are celebrating the Boston victory in a year that has so far seen transgender-inclusive anti-discrimination laws passed in 12 cities and towns, including New York City, Philadelphia, Dallas, Chicago and Buffalo.