Mass. Senate seen as unlikely to adopt House transgender language

BOSTON (AP) — The state Senate is unlikely to add to legislation banning discrimination against transgender people in public accommodations, a provision that would facilitate legal action against anyone who makes an "improper" claim of gender identity, Senate President Stan Rosenberg said Tuesday.

The bill is scheduled to be discussed in the chamber Thursday, but Rosenberg's comments suggest a compromise still would have to be reached with the House before the measure could be sent to Republican Gov. Charlie Baker.

The bill would allow people to use bathrooms that correspond with their gender identity.

House lawmakers recently unveiled a version that included language intended to discourage and punish false gender identity claims. Critics in Massachusetts and other states where transgender rights issues are being debated have argued that male sexual predators could claim to identify as female to gain access to women's restrooms or locker rooms.

Supporters of expanded protections for transgender people contend such fears are unfounded and have not been a problem in states that have passed public accommodations laws.

Rosenberg, an Amherst Democrat, said the House provision was redundant since Massachusetts already has numerous laws targeting sexual predators.

"It's unnecessary because if people behaved in the way that the language seeks to avoid there are already (laws) in place that would declare certain of those actions illegal, and they would be subject to arrest and prosecution," Rosenberg said.

But the proposed language would not "harm" the bill either, Rosenberg added, signaling a possible willingness on the part of the Senate to eventually accept the provision if House members insist upon it.

"The most important thing is that this bill is about eliminating discrimination," Rosenberg said.

If the Senate and House pass different versions, a six-member conference committee would be tasked with reaching a compromise.

While he has not promised to sign the bill if it reaches his desk, Baker has said the House version adds clarity to how the law would be implemented.

BOB SALSBERG, Associated Press. Copyright 2016 The Associated Press.
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The Gayly - 5/10/2016 @ 3:54 p.m. CDT