Note
See also the Massachusetts Law Libraries' legal reference overview and disclaimers.
Best bets
Gender identity guidance, MCAD, December 2016.
Written to educate the public on gender identity discrimination, the rights of individuals, and evidence that can be submitted to report discrimination. It also explains the obligations under Massachusetts law that employers, housing providers, mortgage service providers, and places of public accommodation must follow.
Gender identity guidance for public accommodations, Mass. Attorney General, September 2016.
Written to help business and other places of public accommodation comply with the law. It includes general information, guidance on the use of restrooms and locker rooms, and what to do if someone is asserting gender identity for an improper purpose.
Massachusetts laws
MGL c. 12, § 11I 1/2 Interference with right to access to reproductive and gender-affirming health care services; abusive litigation; civil actions
- See also: St. 2022, c. 127
MGL c. 46, § 13(e) Amending a birth certificate
Effective July 1, 2024: A person who is 18 or older, an emancipated minor or the parent or guardian of a minor may request a change in the sex designation on the person’s birth record to a sex designation including, but not limited to, "female", "male" or "X". No medical or healthcare related documentation, court order or proof of change of name is required.
MGL c. 46, § 13(l) Amending a marriage record
Effective July 1, 2024: You can now amend a marriage record by requesting to remove the sex of either or both parties to the marriage and change either or both parties' names.
MGL c. 76, § 5 No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges, and courses of study of such public school on account of race, color, sex, gender identity, religion, national origin or sexual orientation.
MGL c. 90, § 8N Gender designation on application for driver’s license, learner’s permit, identification card or liquor purchase identification card
Effective July 1, 2024: You can now designate “X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit, identification card or liquor purchase identification card.
MGL c. 111, § 72GG
Effective June 3, 2025: Prohibits discrimination against residents of long-term care facilities on the basis of a person's actual or perceived sexual orientation, gender identity, gender expression, intersex status or HIV status; ensures that records reflect the name, gender, and pronouns by which a resident would like to be identified; also provides for transition-related assessments, therapy and treatments for transgender residents.
MGL c. 112, § 275 Bans gay or gender identity conversion therapy for children under 18
“A health care provider shall not advertise for or engage in sexual orientation and gender identity change efforts with a patient less than 18 years of age”
MGL c. 127, § 32A Treatment of prisoner having gender identity differing from prisoner's sex assigned at birth
MGL c. 127, § 39A(c) Restrictive housing; prohibitions on placement of certain prisoners in restrictive housing
The fact that a prisoner is lesbian, gay, bisexual, transgender, queer or intersex or has a gender identity or expression or sexual orientation uncommon in general population shall not be grounds for placement in restrictive housing.
MGL c. 151B Discrimination
Unlawful practices (under section 4) include discrimination in employment, the insurance or bonding business, real estate loans, renting, and credit services.
MGL c. 175, § 108N Disability insurance policies; discrimination based upon race, color, religious creed, national origin, sex, pregnancy, gender identity, sexual orientation or marital status prohibited
MGL c. 272, § 92A Advertisement, book, notice or sign relative to discrimination; definition of place of public accommodation, resort or amusement
Specifies that this includes restrooms in relation to gender identity.
MGL c. 272, § 98 Discrimination in admission to, or treatment in, place of public accommodation
St. 2011, c. 199 An act relative to gender identity
Amends a number of laws to prohibit discrimination based on gender identity.
St. 2016, c. 134 An act relative to transgender anti-discrimination
Gives transgender people the right to use restrooms or locker rooms consistent with their gender identities, and includes language to provide "legal action [against] any person whose assertion of a gender identity is for an improper purpose."
St. 2022, c. 127 An act expanding protections for reproductive and gender-affirming care
Massachusetts regulations
501 CMR 4 Hate crimes
603 CMR 26 Access to equal educational opportunity
Includes anti-discrimination regulations regarding school admission (26.02), curriculum (26.05), athletics (26.06) and more.
950 CMR 131 Alternative address for those engaged in protected health care services
Part of the Address Confidentiality Program. Provides protections for those engaged in the provision, facilitation, or promotion protected health care services, including gender-affirming health care services.
Massachusetts executive orders
Executive Order 592 Advancing workforce diversity, inclusion, equal opportunity, non-discrimination, and affirmative action
City and town bylaws
Amherst, Human rights bylaw, article 3, page 12
"...No person shall be denied any rights guaranteed pursuant to local, Commonwealth, or federal law on the basis of race or color, gender, physical or mental ability, religion, socio-economic status, ethnic or national origin, affectional or sexual preference, Gender Identity or expression, Genetic Information, or age.”
Boston, Human rights, chapter XII, § 12-9
Includes in its protections, "Gender identity or expression shall mean and include 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."
Cambridge, Lesbian, gay, bisexual, transgender, queer, plus commission, Title 2, c.2.125
Also, Human Rights Commission, c. 2.76 defines gender identity as, "a person's gender-related identity, appearance or behavior, whether or not that that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth."
Northampton, Human rights commission, § A-II-15.0
Focuses on discrimination “on the basis of race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, gender identity, marital status, family status [having minor children], military status or source of income.”
Federal laws and policies
Americans with Disabilities Act (ADA), 42 USC § 12211 (b)(1)
"Under this chapter, the term "disability" shall not include...(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders."
Civil Rights Act of 1964, Title VII
Prohibits employment discrimination on the basis of sex.
34 C.F.R. Part 106 Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance
"Dear colleague letter," U.S. Departments of Justice and Education, February 22, 2017.
Rescinds requirement for public schools to allow students to use bathrooms appropriate for their gender identity.
Federal executive orders
Defending women from gender ideology extremism and restoring biological truth to the federal government (signed January 20, 2025)
Prioritizing military excellence and readiness (signed January 27, 2025)
"It is the policy of the United States Government to establish high standards for troop readiness, lethality, cohesion, honesty, humility, uniformity, and integrity. This policy is inconsistent with the medical, surgical, and mental health constraints on individuals with gender dysphoria. This policy is also inconsistent with shifting pronoun usage or use of pronouns that inaccurately reflect an individual’s sex."
- See also a memo released by the Office of the Secretary of Defense on February 26, 2025 ordering for the removal and banning of transgender people from military service.
Protecting children from chemical and surgical mutilation (signed January 28, 2025)
Selected cases
Web sources
Changing your name & amending documents
Amend a birth certificate for sex of the subject, Mass. Registry of Vital Records and Statistics.
Explains how to amend the sex and name on your Massachusetts birth certificate, with links to required forms and a fact sheet.
Change information on your driver's license or ID card, Mass. Registry of Motor Vehicles.
Gender designation: "If you are changing your gender designation, you will need to fill out an application and make a reservation at an RMV Service Center. Your gender will appear in the 'Sex' field of your credential as either M, F, or X."
Change your name on your passport, U.S. State Department.
Learn how to correct or update your U.S. passport due to a name change.
How do I change or correct my name on my Social Security number card?, Social Security Administration.
"If you legally change your name because of marriage, divorce, court order or any other reason, you must tell Social Security so you can get a corrected card. You cannot apply for a card online. There is no charge for a Social Security card. This service is free." Explains what documents you will need to provide.
Identity Document Assistance Network, Massachusetts Transgender Political Coalition.
Website includes informational guides and webinars to help those who need identity document assistance. Includes a link to Namesake, a free and "secure, online platform to provide guidance and assistance with legal name and/or gender marker changes for trans and nonbinary people."
Name changes, Mass. Trial Court.
Explains the process of changing your name in Massachusetts. Includes forms, fees, what to expect, and eFiling.
- For more information, see also: Law about name changes
Topics
General
Know your rights: LGBTQ rights, ACLU.
Provides answers to common questions about the rights a person has regarding gender identity and sexual orientation.
Pronoun information, UMass Stonewall Center.
A pronoun is a word that is used instead of a noun (such as a person's name) or a noun phrase to refer to individuals. Pronouns can be in the first person singular (I, me) or plural (we, us); second person singular or plural (you); and the third person singular (e.g., she/her, he/him, they/them, ze/zir) or plural (they/them).
Know your LGBTQ rights, Massachusetts!, GLAD.
School and youths
GLSEN: Navigator
LGBTQ+ youth have access to varying levels of support and protections under state laws across the country. These maps provide communities with information on policies, experiences of students, and resources on how to advocate for positive school transformation that benefits all youth, including LGBTQ+ students, in K-12 learning communities.
Guidance for Massachusetts public schools creating a safe and supportive school environment, Mass. Department of Elementary and Secondary Education.
"This guidance is intended to help school and district administrators take steps to create a culture in which transgender and gender nonconforming students feel safe, supported, and fully included, and to meet each school's obligation to provide equal educational opportunities for all students, in compliance with G.L. c. 76, § 5 and the state regulations."
Massachusetts Commission on LGBTQ Youth
Advises others in state government on effective policies, programs, and resources for LGBTQ youth. The Commission also provides training and technical assistance to schools across the state, organizes the statewide network of Gender and Sexuality Alliances (GSAs), and works to make schools safer for all students.
Workplace and discrimination
Enforcement guidance on harassment in the workplace, U.S. Equal Employment Opportunity Commission.
"Sex-based discrimination under Title VII includes employment discrimination based on sexual orientation or gender identity."
Workplace practices to recognize gender identity diversity, Commission on LGBTQ Youth.
Guidance for Massachusetts state agencies.
Other discrimination
Division of Insurance bulletin 2014-03 (June 20, 2014)
Guidance regarding prohibited discrimination on the basis of gender identity or gender dysphoria including medically necessary transgender surgery and related health care services.
Discrimination in public places, Mass. Commission Against Discrimination.
"All persons, regardless of gender identity, have the right to full and equal accommodations, advantages, facilities, and privileges of any place of public accommodation under law."
Print sources
"Documenting gender," by Dean Spade. 59 Hasting L.J. 731 (2007-2008).
Outlines policies "that govern the recognition of a change in a person's gender by a state or federal administrative agency."
Gay, lesbian and transgender clients: A lawyers guide, American Bar Association, 2008.
Lesbian, gay, bisexual and transgender family law, West, 2008 with supplement.
Massachusetts employment law, 5th edition, MCLE, loose-leaf.
Chapter 13: Gender identity discrimination.
"The (mis)categorization of sex in Anglo-American cases of transsexual marriage," by John Parsi. 108 Mich. L. Rev. 1497 (2010).
The "lack of national uniformity [in changing birth certificates] makes post-operative transsexuals' recognition of their acquired sex complicated at best and impossible at worst."
"Sexual and gender variation in American public law: From malignant to benign to productive," by William N. Eskridge, Jr. 57 UCLA L. Rev. 1333 (2010).
Sexual orientation, gender identity, and the law in a nutshell, 2nd ed., West Academic Publishing, 2022.
Transgender family law: A guide to effective advocacy, AuthorHouse, 2012.
Transgender persons and the law, 2nd ed., ABA, 2015. (eBook available with library card)
Transgender persons & the law, MCLE, 2016.
Contact
Online
| Last updated: | March 5, 2025 |
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