Note
See also the Massachusetts Law Libraries' legal reference overview and disclaimers.
Best bets
Know your rights: MA trans rights, GLAD.
Provides information about Transgender protections under Massachusetts Law including employment, housing, credit, public spaces, education, healthcare, and social services. Additional resources and information can also be found on the site.
Know your rights: LGBTQ rights, ACLU.
Provides answers to common questions about the rights a person has regarding gender identity and sexual orientation in the United States.
Quick reference guide to legal name and gender marker changes for adults in Massachusetts, Massachusetts Transgender Political Coalition.
“MTPC’s Identity Document Assistance Network (IDA Network) provides 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. See also an additional guide for minors and their guardians.
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.
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 & agency guidance
Executive Order 592 (October 22, 2020)
Advancing workforce diversity, inclusion, equal opportunity, non-discrimination, and affirmative action.
Division of Insurance 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 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.
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.
Federal laws
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 & agency guidance
Defending women from gender ideology extremism and restoring biological truth to the federal government, signed January 20, 2025.
See also:
- The memo Initial guidance regarding President Trump’s executive order defending women, January 29, 2025
- The Equal Employment Opportunity Commission statement EEOC enforcement guidance on harassment in the workplace, January 28, 2025
Ending radical indoctrination in K-12 schooling, January 29, 2025.
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."
Keeping men out of women’s sports, February 5, 2025.
Prioritizing military excellence and readiness, January 27, 2025.
- See also the memo Additional guidance on prioritizing military excellence and readiness, February 26, 2025
Protecting children from chemical and surgical mutilation, January 28, 2025.
Selected cases
Web sources
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."
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.
Resources for the LGBTQ+ community and allies, NAMI Massachusetts.
“[A] wide range of resources, including support organizations, hotlines, therapy options, online communities, and educational materials, all designed to empower LGBTQ+ individuals on their mental health journey."
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.
Contact
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| Last updated: | April 18, 2025 |
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