Note
See also the Massachusetts Law Libraries' legal reference overview and disclaimers.
Best bets
Know your rights: MA trans rights (GLAD) and Know your rights: LGBTQ rights (ACLU).
Provides information about transgender protections, including employment, housing, credit, public spaces, education, healthcare, and social services.
Discrimination, education, and employment
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."
Executive Order 592, Mass. Governor Charlie Baker, October 22, 2020.
Advancing workforce diversity, inclusion, equal opportunity, non-discrimination, and affirmative action.
Gender identity guidance, Mass. Commission Against Discrimination, December 2016.
Guidance on the Massachusetts legislations that codify gender identity in the list of protected classes covered by Massachusetts anti-discrimination laws including information for employers, providers of housing, mortgage services, and owners, managers and agents of places of public accommodation.
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.
Guidance for Massachusetts public schools creating a safe and supportive school environment, Mass. Department of Elementary and Secondary Education.
Nondiscrimination on the Basis of Gender Identity in a school environment.
Massachusetts Commission on LGBTQ Youth
An independent agency that makes recommendations about policies and programs supporting LGBTQ youth to the State government and its agencies.
Sex discrimination: Overview of the law, US Department of Education
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive Federal financial assistance. This resource breaks down the changes between presidential administration regarding whether the definition of sex includes gender identity.
Notes about Federal discrimination, education, and employment laws
On January 20, 2025, President Trump signed the executive order Defending women from gender ideology extremism and restoring biological truth to the federal government. Refer also to:
- Initial guidance regarding President Trump’s executive order defending women, US Office of Personnel Management
- Enforcement guidance on harassment in the workplace, US Equal Employment Opportunity Commission
- 2025 "Dear Colleague" letter (PDF), US Department of Education, Office of Civil Rights
On January 27, 2025, President Trump signed the executive order Prioritizing military excellence and readiness. Refer also to:
- Additional guidance on prioritizing military excellence and readiness (PDF), Office of the Under Secretary of Defense
On January 29, 2025, President Trump signed the executive order Ending radical indoctrination in K-12 schooling.
On February 5, 2025, President Trump signed the executive order Keeping men out of women’s sports.
Gender-affirming health care
Accessing your right to gender-affirming care, Mass. Attorney General’s Office.
In Massachusetts, you have a right to access gender-affirming health care, including access to medical services, mental health care, and surgical intervention to treat gender dysphoria. Gender-affirming care can be life-saving, and whether you are a Massachusetts resident or not, or a young adult, minor, or incarcerated person – you have a right to access safe, affordable, and confidential care in Massachusetts.
Bulletin 2014-03, Division of Insurance, 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.
Gender-affirming care covered by MassHealth
Information about gender-affirming care covered services for MassHealth members.
Know your rights: Shield Law, Mass. Attorney General’s Office.
Protects people physically present in Massachusetts from the consequences of pursuing legally-protected health care activity provided by a licensed provider, including gender-affirming care.
Notes about gender-affirming care for minors
On January 25, 2025, President Trump signed the executive order Protecting children from chemical and surgical mutilation.
In response to a now blocked Declaration of the Secretary of the Department of Health and Human Services, Attorney General Campbell released a legal advisory and a press release on May 20, 2026 to Massachusetts healthcare facilities and medical providers reaffirming the current state of the law regarding gender-affirming care for patients under 19.
“Decisions about gender-affirming healthcare belong to patients, families, and medical providers – not political intimidation or federal overreach. There is no federal law prohibiting medical providers from administering medically necessary gender-affirming healthcare to patients under 19, and Massachusetts law has remained consistent”
Name and gender marker changes
Identity Document Assistance Network, Massachusetts Transgender Political Coalition.
Guidance, support and financial assistance for trans, nonbinary, and gender expansive people living in New England who are seeking to update their legal name and/or gender on federal and state documents.” Includes information on name changes, birth certificates, driver’s licenses, passports, and social security cards. Refer also to quick reference guides for adults in Mass. (PDF) and minors in Mass. (PDF).
Trans and gender diverse resource library, Fenway Health.
Guide for Massachusetts residents ages 18+ and minors and their guardians on changing your name and/or gender marker on state and federal documents including information on name changes, birth certificates, driver’s licenses, passports, and social security cards.
Note about U.S. passports
On November 6th, 2025 the Supreme Court ruled that the State Department could stop issuing passports to transgender and nonbinary individuals that reflect the applicants' gender identity, allowing the State Department to only issue passports that reflect the applicants' sex assigned at birth. Trump et al. v. Orr et al., 607 U. S. ___ (2025).
Massachusetts laws
MGL c. 12, § 11I½ Access to reproductive health care services and gender-affirming health care services is a right secured by the Massachusetts Constitution.
MGL c. 22C, § 32 Gender identity prejudice is included in the Massachusetts definition of a hate crime.
- Refer also to 501 CMR 4 (Hate crimes)
MGL c. 46, § 13(e) Amending a birth certificate and MGL c. 46, § 13(l) Amending a marriage record
Birth certificates and marriage records can be amended to update sex designations.
MGL c. 76, § 5 The right to admission to public schools and discrimination protections extend to individuals based on race, color, sex, gender identity, religion, national origin or sexual orientation.
- Refer also to 603 CMR 26 (Access to equal educational opportunity)
MGL c. 90, § 8N The Massachusetts RMV allows “X”, “M” or “F” options for gender on an application for a driver’s license, learner’s permit, identification card or liquor purchase identification card.
MGL c. 111, § 72GG Residents of long-term care facilities cannot be discriminated against based on actual or perceived sexual orientation, gender identity, gender expression, intersex status or HIV status.
MGL c. 112, § 12Q½ The Mass. commissioner of public health is limited in what data can be collected regarding gender-affirming health care services in Massachusetts.
MGL c. 112, § 275 Gay or gender identity conversion therapy for children under 18 is banned in Massachusetts.
“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 Law regarding treatment of prisoners when their gender identity differing from their sex assigned at birth.
MGL c. 127, § 39A(c) A prisoner’s sexual orientation and gender identity are not grounds for placement in restrictive housing.
MGL c. 151B Massachusetts discrimination law includes gender identity and gender expression as a protected class.
- Refer also to 804 CMR (Mass. Commission Against Discrimination regulations)
MGL c. 175, § 108N Disability insurance policies in Massachusetts cannot discrimination based upon race, color, religious creed, national origin, sex, pregnancy, gender identity, sexual orientation or marital status.
MGL c. 272, § 92A Places of public accommodation, resort, or amusement that include locations of separate access based on sex, such as restrooms and locker rooms, must allow access based on a person's gender identity.
MGL c. 272, § 98 Places of public accommodation, resort, or amusement cannot discriminate against a person based on gender identity.
Federal laws
Americans with Disabilities Act (ADA), 42 USC § 12211(b)(1) "Under this chapter, the term "disability" shall not include.. gender identity disorders not resulting from physical impairments."
Civil Rights Act of 1964, Title VII Prohibits employment discrimination on the basis of sex, which is defined to include pregnancy, sexual orientation, and transgender status.
Education Amendments of 1972, Title IX Prohibits employment discrimination on the basis of sex, which is currently interpreted to refer to biological sex only.
Selected cases
Print sources
Legal issues for transgender people in daily life, school, and work, MCLE, 2023.
Lesbian, gay, bisexual and transgender family law, West, updates annually.
LGBTQ employment law practice guide, Lexis, updates annually.
Massachusetts employment law, 6th edition, MCLE, 2024.
Chapter 12: Discrimination and harassment based on sexual orientation and gender identity.
On transits and transitions: Trans migrants and U.S. immigration law, Rutgers, 2023.
Representing and respecting transgender and non-binary clients and people in the court, MCLE, 2021.
Sexual orientation, gender identity, and the law in a nutshell, 2nd ed., West Academic Publishing, 2022.
Transgender persons and the law, 2nd ed., ABA, 2015. (eBook available with library card)
Transgender persons & the law, MCLE, 2016.
Transgender rights: From Obama to Trump, Routledge, 2020.
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| Last updated: | June 25, 2026 |
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