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The 190th General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO TRANSGENDER ANTI-DISCRIMINATION.

      Whereas, the deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for protection from discrimination on the basis of gender identity, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

      Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
      SECTION 1.  Section 92A of chapter 272 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “sex”, in line 9, the following words:- , gender identity.
      SECTION 2.  The second paragraph of said section 92A of said chapter 272, as so appearing, is hereby further amended by adding the following sentence:-
      An owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement that lawfully segregates or separates access to such place of public accommodation, or a portion of such place of public accommodation, based on a person’s sex shall grant all persons admission to, and the full enjoyment of, such place of public accommodation or portion thereof consistent with the person’s gender identity.
      SECTION 3.  Section 98 of said chapter 272, as so appearing, is hereby amended by inserting after the word “sex”, in line 3, the following words:- , gender identity.
      SECTION 4.  (a) The Massachusetts Commission Against Discrimination shall adopt, promulgate, amend and rescind rules and regulations or formulate policies and make recommendations to effectuate the purposes of this act, including when and how gender identity, as defined in clause Fifty-ninth of section 7 of chapter 4 of the General Laws, may be evidenced.
      (b)  The attorney general’s office shall issue regulations or guidance for referring to appropriate law enforcement agency or other appropriate authority for legal action any person whose assertion of a gender identity is for an improper purpose, as provided in clause Fifty-ninth of section 7 of chapter 4.
      (c)  The Massachusetts Commission Against Discrimination and the attorney general’s office shall report such rules, regulations, policies, recommendations or guidance to the clerks of the house of representatives and the senate not later than September 1, 2016.
      SECTION 5.  Sections 2 and 3 shall take effect on October 1, 2016.

Approved, July 8, 2016.