Press Release  AG Campbell Releases Updated Public Accommodation Guide, Reaffirms Efforts To Promote And Safeguard Rights For LGBTQIA+ Individuals

Boston — Attorney General Andrea Joy Campbell has released an updated “Protections Against Discrimination in Places of Public Accommodation” guide to help ensure compliance with existing law and educate the public about their rights in public spaces, including gender-specific spaces like men’s and women’s restrooms. The guide has been updated to include information about how the law protects those who identify as nonbinary and/or transgender. 

“While the law prohibits discrimination in places of public accommodation, we sadly see LGBTQIA+ individuals and others denied basic rights simply because of how they express or identify themselves,” said AG Campbell. “I, along with my office, will continue to educate people about their rights and protections under law as we seek to create safe and equitable spaces for all.”

The updated public accommodation guide aims to educate individuals on their rights regarding gender identity and expression by clarifying state law, which does not prohibit gendered spaces, such as restrooms and locker rooms, but allows people to use the facility that best corresponds to their gender identity. The updated guide underscores protections for nonbinary and transgender people who face discrimination, provides practical guidance for both businesses and patrons and provides information about where to report violations. 

AG Campbell reaffirms these resources during Pride Month to ensure that all Massachusetts residents have access to facilities that are most consistent with their gender identity and feel safe while doing so.

Those who experience or witness discrimination on the basis of gender identity are encouraged to file a complaint with the Civil Rights Division of the Attorney General’s Office: https://www.mass.gov/info-details/learn-about-the-attorney-generals-civil-rights-division. 

This matter was handled by Lizz Matos and Adam Cambier of AG Campbell’s Civil Rights Division as well as Senior Legal Advisor Amanda Hainsworth and Deputy Attorney General Abby Taylor.

Today’s guide is AG Campbell’s latest effort to promote and protect the rights of LGBTQIA+ individuals. In addition to public education of the law, AG Campbell’s office has filed or joined various friend-of-the-court briefs at the state and federal level:

Protecting Gender Identity and Expression:

• June 2023: Supporting the Ludlow, Massachusetts school district’s policy requiring a student’s consent to disclose gender identity status to parents (Foote v. Ludlow School Committee, 1st Cir. no. 23-1069)
• October 2023: Supporting application of Title IX to override Wisconsin’s state bathroom law’s application to transgender students (Doe v. Mukwonago Area Sch. Dist., 7th Cir. no. 23-2568)
• February 2024: Supporting the application of Colorado’s state public accommodations law to a business that refused to serve a transgender customer (Masterpiece Cakeshop, Inc. v. Scardina, Colo. Sup. Ct. no. 2023SC116)

Supporting Gender Affirming Care:

• September 2023: Supporting equal protection challenge to Indiana’s state law banning gender affirming care for minors (K.C. v. Members of the Ind. Med. Lic. Bd., 7th Cir. no. 23-2366)
• November 2023: Supporting challenge to Idaho’s state law banning gender-affirming care for minors (Poe v. Drummond, 10th Cir. no. 23-5110)
• December 2023: Supporting Medicaid coverage of gender-affirming care (Dekker v. Sec’y, Fla. Agency for Health Care Admin., 11th Cir. no. 23-12155; also Dekker v. Weida, N.D. Fla. no. 4:22-cv-00325)
• January 2024: Supporting VA coverage of gender-affirming surgery (In re Transgender American Veterans Ass’n, Fed. Cir. no. 24-108)

Supporting Bans on Conversion Therapy:

• May 2023: Supporting Washington state’s ban on conversion therapy (Chiles v. Salazar, 10th Cir. nos. 22-1445 & 23-1002)

Supporting LGBTQIA+ Inclusive Books in School Curriculum:

• October 2023: Supporting a Montgomery County, Maryland school district’s inclusion of LGBTQ+-inclusive books in its curriculum (Mahmoud v. McKnight, 4th Cir. no. 23-1890) 

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