LGBT rights in Massachusetts | |
---|---|
Status | Legal since 1974 (Commonwealth v. Balthazar); legislative repeal pending [1] |
Gender identity | Transgender people may change gender |
Discrimination protections | Yes, both sexual orientation and gender identity |
Family rights | |
Recognition of relationships | Same-sex marriage since 2004 |
Adoption | Yes |
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Massachusetts enjoy the same rights as non-LGBT people. [2] The U.S. state of Massachusetts is one of the most LGBT-supportive states in the country. [3] In 2004, it became the first U.S. state to grant marriage licenses to same-sex couples after the decision in Goodridge v. Department of Public Health , and the sixth jurisdiction worldwide, after the Netherlands, Belgium, Ontario, British Columbia, and Quebec.
Same-sex sexual activity has been legal since 1974, although Massachusetts still has not legislatively repealed its sodomy law. State law bans discrimination on the basis of sexual orientation and gender identity in employment, housing, public accommodations, credit and union practices. In November 2018, it became the first state in the country to support transgender protections through popular vote. In addition, same-sex couples are allowed to adopt, and transgender people may change their legal gender without undergoing sex reassignment surgery. In April 2019, Massachusetts became the 16th U.S. state to ban conversion therapy on LGBT minors. [4] [5]
Massachusetts is home to a vibrant and visible LGBT culture. Boston, the state capital, has been ranked one of the most LGBT-friendly cities in the United States, [6] noted for its LGBT dating scene, events, nightlife, clubs and bars. Provincetown, located at the tip of Cape Cod, is famous internationally for high LGBT acceptance and visibility. Northampton, on the other hand, is the town with the most lesbian couples per capita in the entire United States. [7]
In 1641, Nathaniel Ward's legal code was enacted in the state, which prohibited sodomy, [8] [9]
In Commonwealth v. Balthazar, in 1972, the Massachusetts Supreme Judicial Court ruled that the statute which prohibited "any unnatural and lascivious act with another person" was inapplicable to "private, consensual conduct of adults". [10]
Massachusetts has not repealed its sodomy law [11] [12] and it remains on the books. [13] The Massachusetts General Court has voted down bills in committee for years, to repeal and abolish sodomy laws within sections of both §34 and §35. [14] [15] During the 2018 session of the Massachusetts General Court, outdated laws on abortion, adultery and fornication were repealed, [16] [17] but not the laws on sodomy, anal sex, and oral sex still listed within sections 34 and 35. [18] Presently, Massachusetts does not restrict private sexual behavior between consenting adults. It has two statutes that implicate homosexual activity: §34 prohibits the "abominable and detestable crime against nature" and §35 prohibits "any unnatural and lascivious act with another person."
In January 2024, a bill unanimously passed the Massachusetts Senate to repeal the archaic 400 year old law banning gay sex. The bill is awaiting a vote within the Massachusetts House of Representatives. [19] [1] Massachusetts is the only state in New England which has not legislatively rescinded its anti-sodomy provisions.
Massachusetts authorized same-sex marriages within the state following the Supreme Judicial Court (SJC) ruling on November 18, 2003 in Goodridge v. Department of Public Health that it was unconstitutional under the state Constitution for state agencies to restrict marriage to heterosexual couples. The Court gave the state Legislature 180 days to enact laws pursuant to the judgment. In the absence of legislative action, Governor Mitt Romney ordered town clerks to begin issuing marriage certificates to same-sex couples beginning May 17, 2004. Attempts to enact an amendment to the state Constitution to prohibit same-sex marriage, the last in 2007, have been unsuccessful. [20]
A 1913 state law that forbade non-residents from marrying in Massachusetts if their marriage would be void in their home state was repealed on July 31, 2008. [21]
On July 26, 2012, the SJC ruled in Elia-Warnken v. Elia that the state recognizes a civil union established in a different jurisdiction as the equivalent of marriage. It termed a Massachusetts marriage entered into by a man who was already a party to a Vermont civil union with a third party "polygamy" and therefore void. [22] On September 28, 2012, the SJC ruled in that "Because the parties to California [registered domestic partnerships] have rights and responsibilities identical to those of marriage", it is proper to treat such relationships "as equivalent to marriage" in Massachusetts. [23]
In May 1985, in response to a public controversy about same-sex couple Don Babets and David Jean, who were acting as foster parents, Massachusetts issued regulations designed to prevent such couples from serving as foster parents. [24] [25] The state rescinded those regulations in April 1990 as part of an out-of-court settlement of a suit brought by Gay & Lesbian Advocates & Defenders (GLAD) and the American Civil Liberties Union (ACLU), following a five-year campaign by an ad hoc group formed around the issue, Foster Equality. [26] [27] The state has allowed second-parent adoption by a parent of the same sex as the existing parent since a court decision, In re Adoption of Tammy, in 1993. [28] [29] In July 1999, the same court awarded visitation rights to each of two mothers after their separation. [30]
In 2004, following the legalization of same-sex marriage in Massachusetts, Governor Mitt Romney prevented the state's Registry of Vital Records from revising its birth certificate forms to allow for options other than one mother and one father, instead requiring hand-written changes to the documents only after receiving approval from the Governor's legal counsel. The forms were changed when Governor Deval Patrick took office in 2007. [31]
In March 2006, Catholic Charities of Boston announced it would no longer provide adoption services because it could not comply with Massachusetts law prohibiting discrimination against homosexuals. [32]
In February 2011, Massachusetts Health Commissioner John Auerbach announced plans by the end of March to standardize birth certificates, formerly designed by each city or town, by providing hospitals with electronic forms with fields labeled "mother/parent" and "father/parent". He called the system "more sensitive to the circumstances of the family and to the children." [33]
In August 2023, the City of Boston removed all gender and sex on marriage licence forms and documents. [34] [35]
Since 1989, Massachusetts has prohibited discrimination based on sexual orientation in credit, public and private employment, union practices, housing, and public accommodation. [36] It was the second state to add sexual orientation to its anti-discrimination statute, following Wisconsin in 1982. [37]
On February 17, 2011, Governor Deval Patrick issued an executive order banning discrimination on the part of the state or its contractors against transgender employees of the state Government. He reiterated his support for legislation to extend similar protection to all transgender persons in the state. [38] Massachusetts enacted such legislation prohibiting discrimination based on gender identity in credit, public and private employment, union practices and housing—but not public accommodations—on November 23, 2011, effective on July 1, 2012. [39] [40] By the end of 2015, a bill was pending to prohibit discrimination based on gender identity in public accommodations, but its future was still uncertain. [41] Finally, on May 12, 2016, the state Senate voted 33–4 to approve the bill. [42] The Massachusetts House of Representatives on July 7, 2016 passed a bill by a vote of 117–36 to include gender identity to the public accommodations law. The bill was signed into law the next day, by Massachusetts Republican Governor Charlie Baker, and scheduled to take effect on October 1, 2016. [43] [44] In October 2016, however, anti-transgender activists submitted the minimum number of signatures necessary, to the Secretary of the Commonwealth, to put the law up for repeal on a statewide ballot measure. Voters decided on November 6, 2018 to retain the law, with 67.8% in favor of upholding law, and 32.2% opposed. The Massachusetts Gender Identity Anti-Discrimination Initiative was the first-ever statewide ballot question of its kind in the United States.
In June 2012, on instructions from Worcester's Roman Catholic Bishop Robert McManus, diocesan officials declined to sell a property owned by the diocese to a same-sex couple and in July lied about what happened when questioned about the sale. [45] [46] In September, the couple filed suit against the bishop and other parties to the negotiations. [47]
On January 29, 2014, Matthew Barrett represented by GLAD filed a complaint with the Massachusetts Commission Against Discrimination against Fontbonne Academy, a Catholic secondary school, because in July 2013 the school had withdrawn an offer of employment as food service manager when officials learned he was in a same-sex marriage. [48] The case moved to Massachusetts Superior Court, and on December 16, 2015, Judge Douglas H. Wilkins ruled in Barrett v. Fontbonne Academy that the Academy had violated the state's laws against discrimination on the basis of sexual orientation and gender. [49]
Anti-bullying legislation was enacted in May 2010. It "requires schools to adopt clear procedures for reporting and investigating cases of bullying, as well as methods for preventing retaliation against those who report problems." [50]
Since August 2021, the Massachusetts Supreme Judicial Court made a ruling that sexual orientation is a protective class - for picking a system of LGBTQ juries within Massachusetts. [51] [52]
Massachusetts added sexual orientation to the categories protected by its 1983 hate crime legislation in June 1996. [53] The state defines a hate crime as "any criminal act coupled with overt actions motivated by bigotry and bias, including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender or sexual orientation prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation or coercion, or which seek to interfere with or disrupt a person's exercise of constitutional rights through harassment or intimidation." [54]
Massachusetts adopted the Hate Crimes Reporting Act in 1990. The legislation created a Crime Reporting Unit to collect hate crime incident reports from law enforcement and required the unit to summarize and report on the information. Regulations establish criteria for determining whether a crime is a hate crime, provide a means for advocacy organizations to report hate incidents, specify the content of crime and incident reports, and specify the content of the annual report. The crime report unit of the State Police must also collect, summarize and report hate crime data to the state Attorney General and to several legislative committees. The reports are available on public record. [55]
In 1991, the Governor created the Task Force on Hate Crimes. The task force's principal tasks are (1) developing regulations to implement the Hate Crimes Reporting Act, (2) coordinating training efforts, (3) increasing submission of hate crime data, and (4) working with community organizations and victims' groups. Initiatives for 2000 include pilot programs in high schools, youth diversion programs, a new correctional diversity awareness program, outreach coordination, a victimization survey in schools, public awareness, creating civil rights investigative teams, encouragement of reporting by law enforcement, and continued training. [56]
The term "gender identity" was added to the state's hate crime statute, effective July 1, 2012. [40]
Massachusetts allows transgender individuals to amend their birth certificate to reflect their gender identity. Sex reassignment surgery is not a requirement. [57]
In November 2019, it was announced that both Massachusetts I.D.s and driver licences had upgraded software by the Massachusetts RMV - to include the non-binary option of "gender X" (alongside male and female on forms and applications) effective immediately. [58] [59] [60] [61] For years bills on gender X drivers licences never passed the Massachusetts General Court - to implement these policies, so it was done by internal regulation and policy instead. [62] [63]
In September 2021, the Massachusetts Senate passed a bill to allow gender X (alongside male and female) on an individual's birth certificate. The Massachusetts House of Representatives is yet to vote on the bill. [64] [65]
In July 2022, an extensive bill passed both houses of the Massachusetts General Court - that codifies "reaffirmed gender healthcare protections" embedded within Massachusetts legislation. The Governor of Massachusetts signed the bill into law. The law went into effect immediately, due to an "emergency clause" within the bill - bypassing the usual 90-day period Massachusetts laws go into effect after enactment from the Governor. [66] [67] [68]
In October 2020, Boston Children's Hospital announced they would stop performing clitoroplasties and vaginoplasties in intersex infants without meaningful conversation and consent from the child. This broke from decades old medical protocol which included medical and surgical intervention to alter the physical appearance of the infant's genitals but carried risks of loss of sensation, fertility issues, pain during intercourse and incontinence. [69]
In June 2018, the Massachusetts House of Representatives passed a bill by a vote of 137–14 to legally ban conversion therapy practices on minors. The bill, however, failed to pass the Massachusetts Senate before it adjourned sine die. [70] [71] [72] [73]
On March 13, 2019, the Massachusetts House of Representatives passed H140, which would ban conversion therapy on minors, by a vote of 147–8. [74] [75] The bill was approved by the state Senate with amendments by a vote of 34–0 on March 28, 2019. An engrossed bill was enacted on April 4, 2019, and awaited consideration by Massachusetts Governor Charlie Baker, who indicated he was "inclined to support" such legislation. [76] The Governor signed the bill into law on April 8, 2019 and it went into effect immediately. [4] [5]
According to a 2017 Public Religion Research Institute (PRRI), 80% of Massachusetts residents supported same-sex marriage, whereas 13% were opposed and 7% were undecided. [77] This was the highest support recorded in the United States, tied with Vermont. The PRRI poll also showed that support for anti-discrimination laws covering sexual orientation and gender identity enjoyed wide popular support. Likewise, 80% were in favor of such laws, while 13% were opposed. 70% also expressed opposition to religious-based refusals to serve LGBT people. 23% expressed support. [77]
A 2020 PRRI poll found 77% of Massachusetts residents supported same-sex marriage and 19% opposed. [78]
Same-sex sexual activity legal | (Since 1974; constitutional repeal pending [1] ) |
Equal age of consent (16) | |
Anti-discrimination laws in all areas | (Sexual orientation since 1989 and gender identity since 2016) |
Same-sex marriages | (Since 2004; first in the United States) |
Recognition of same-sex couples | |
Stepchild adoption by same-sex couples | (Since 1993) |
Joint adoption by same-sex couples | |
Lesbians, gays and bisexuals allowed to serve openly in the military | (Since 2011) |
Transgender people allowed to serve openly in the military | / (Most transgender personnel allowed to serve openly since 2021) [79] |
Intersex people allowed to serve openly in the military | / (Current DoD policy bans "Hermaphrodites" from serving or enlisting in the military) [80] |
Right to change legal gender without surgery | |
Access to IVF for lesbians | |
Third gender option | / (only on I.D.s and driver licences, not birth certificates since 2019) [58] |
Conversion therapy banned on minors | [81] [4] [5] |
Surrogacy access for gay male couples | |
MSMs allowed to donate blood | / (3 month deferral - federal policy) |
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Utah have significantly evolved in the 21st century. Protective laws have become increasingly enacted since 2014, despite the state's reputation as socially conservative and highly religious. Same-sex marriage has been legal since the state's ban was ruled unconstitutional by federal courts in 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing, and the use of conversion therapy on minors is prohibited. In spite of this, there are still a few differences between the treatment of LGBT people and the rest of the population, and the rights of transgender youth are restricted.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of New Hampshire enjoy the same rights as non-LGBT people, with most advances in LGBT rights occurring in the state within the past two decades. Same-sex sexual activity is legal in New Hampshire, and the state began offering same-sex couples the option of forming a civil union on January 1, 2008. Civil unions offered most of the same protections as marriages with respect to state law, but not the federal benefits of marriage. Same-sex marriage in New Hampshire has been legally allowed since January 1, 2010, and one year later New Hampshire's civil unions expired, with all such unions converted to marriages. New Hampshire law has also protected against discrimination based on sexual orientation since 1998 and gender identity since 2018. Additionally, a conversion therapy ban on minors became effective in the state in January 2019. In effect since January 1, 2024, the archaic common-law "gay panic defence" was formally abolished; by legislation implemented within August 2023.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Nevada enjoy the same rights as non-LGBT people. Same-sex marriage has been legal since October 8, 2014, due to the federal Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. Same-sex couples may also enter a domestic partnership status that provides many of the same rights and responsibilities as marriage. However, domestic partners lack the same rights to medical coverage as their married counterparts and their parental rights are not as well defined. Same-sex couples are also allowed to adopt, and state law prohibits unfair discrimination on the basis of sexual orientation and gender identity, among other categories, in employment, housing and public accommodations. In addition, conversion therapy on minors is outlawed in the state.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Wyoming since 1977, and same-sex marriage was legalized in the state in October 2014. Wyoming statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, the cities of Jackson, Casper, and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations that cover sexual orientation and gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Louisiana may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Louisiana as a result of the US Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized in the state since June 2015 as a result of the Supreme Court's decision in Obergefell v. Hodges.
Lesbian, gay, bisexual, and transgender (LGBT) individuals in the U.S. state of Alabama have federal protections, but still face legal challenges and discrimination on the state level that is not experienced by non-LGBT residents. LGBT rights in Alabama—a Republican Party stronghold located in both the Deep South and greater Bible Belt—are severely limited in comparison to other states. As one of the most socially conservative states in the U.S., Alabama is one of the only two states along with neighboring Mississippi where opposition to same-sex marriage outnumbers support.
Illinois is seen as one of the most progressive states in the United States in regard to lesbian, gay, bisexual, and transgender (LGBT) rights and often viewed as one of the most liberal states in the Midwestern United States. Same-sex sexual activity has been legal since 1962, after Illinois became the first U.S. state to repeal its sodomy laws. Same-sex marriage was banned by statute in 1996, but has since been legalized after a law allowing such marriages was signed by Governor Pat Quinn on November 20, 2013 and went into effect on June 1, 2014. Civil unions have been recognized since 2011, and same-sex couples are also allowed to adopt. Additionally, discrimination on the basis of sexual orientation and gender identity is banned in employment, housing, credit and public accommodations, and conversion therapy on minors has been outlawed since 2016.
The establishment of lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Vermont is a recent occurrence, with most progress having taken place in the late 20th and the early 21st centuries. Vermont was one of 37 U.S. states, along with the District of Columbia, that issued marriage licenses to same-sex couples until the landmark Supreme Court ruling of Obergefell v. Hodges, establishing equal marriage rights for same-sex couples nationwide.
The establishment of lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Connecticut is a recent phenomenon, with most advances in LGBT rights taking place in the late 20th century and early 21st century. Connecticut was the second U.S. state to enact two major pieces of pro-LGBT legislation; the repeal of the sodomy law in 1971 and the legalization of same-sex marriage in 2008. State law bans unfair discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations, and both conversion therapy and the gay panic defense are outlawed in the state.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Maine have the same legal rights as non-LGBT people. Same-sex marriage has been recognized in Maine since December 2012, following a referendum in which a majority of voters approved an initiative to legalize same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is prohibited in the areas of employment, housing, credit and public accommodations. In addition, the use of conversion therapy on minors has been outlawed since 2019, and joint adoption is permitted for same-sex couples.
Lesbian, gay, bisexual and transgender (LGBT) rights in the U.S. state of Iowa have evolved significantly in the 21st century. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage. Same-sex couples may also adopt, and state laws ban discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Wisconsin have many of the same rights and responsibilities as heterosexuals; however, the transgender community may face some legal issues not experienced by cisgender residents, due in part to discrimination based on gender identity not being included in Wisconsin's anti-discrimination laws, nor is it covered in the state's hate crime law. Same-sex marriage has been legal in Wisconsin since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Wolf v. Walker. Discrimination based on sexual orientation is banned statewide in Wisconsin, and sexual orientation is a protected class in the state's hate crime laws. It approved such protections in 1982, making it the first state in the United States to do so.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Oregon have the same legal rights as non-LGBT people. Same-sex sexual activity is legal in Oregon, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Pennsylvania enjoy most of the same rights as non-LGBT residents. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Indiana enjoy most of the same rights as non-LGBT people. Same-sex marriage has been legal in Indiana since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Baskin v. Bogan.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in North Dakota, and same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples; same-sex marriage has been legal since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.
Lesbian, gay, bisexual and transgender (LGBT) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBT people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBT people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Alaska may face some legal challenges not experienced by non-LGBT Alaskans. Since 1980, same-sex sexual conduct has been allowed, and same-sex couples can marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBT people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Oklahoma face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Oklahoma as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Both same-sex marriage and adoption by same-sex couples have been permitted since October 2014. State statutes do not prohibit discrimination based on sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal. This practice may still continue, as Oklahoma is an at-will employment state and it is still legal to fire an employee without requiring the employer to disclose any reason.