Protect Access to Abortion and Gender-Affirming Healthcare in Massachusetts

We must protect access to abortion care and lifesaving healthcare for transgender people in the Commonwealth.

The Massachusetts legislature passed a bill providing critical protections for providers and patients of abortion care and established, evidence-based health care for transgender people from malicious out-of-state legal action. On July 29, 2022, Governor Baker signed H.5090, “An Act expanding protections for reproductive and gender-affirming care” into law.

With abortion bans being reactivated in multiple states, and with at least four states to date passing bills criminalizing parents and doctors for providing established, best-practice medical care for transgender youth, this bill makes clear that such care is a protected right in Massachusetts and provides safeguards for providers as well as patients who seek care in the state.

GLAD partnered with the Beyond Roe Coalition as well as the Massachusetts Medical Society, the Office of the Attorney General, and legislative leaders in the work to find paths to protect providers and strengthen access to gender-affirming care and abortion care in Massachusetts.

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GLAD Applauds Passage of Bill Protecting Access to Abortion Care and Lifesaving Healthcare for Transgender People and Urges Governor Baker to Swiftly Sign

Massachusetts legislators today gave final approval to a bill that provides critical protections for access to abortion care and essential healthcare for transgender people in the Commonwealth. The bill now awaits Governor Baker’s signature.

Building on decisive action in both the House and Senate following the U.S. Supreme Court Dobbs ruling overturning Roe v. Wade, the final bill passed today protects providers and patients of abortion care and established, evidence-based health care for transgender people from malicious out-of-state legal action.

“In the wake of growing attacks across the country on access to both abortion and lifesaving healthcare for transgender people, we thank the Massachusetts legislature today for passing an important measure that will provide critical protections for providers and patients,” said Polly Crozier, GLAD Senior Staff Attorney. “Massachusetts is a leader in providing established, life-saving medical care for transgender young people. Parents from across the region and the country bring their children here for individualized, evidence-based, interdisciplinary care. While state legislatures are passing unprincipled laws restricting the ability of parents to care for their children and putting transgender young people in harm’s way, Massachusetts legislators have recognized the need to protect access to medical care for transgender people. We hope that Governor Baker will quickly sign this important legislation into law to secure the state’s role as a leader in providing access to essential healthcare, including access to abortion and gender-affirming care.”

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41st annual event marks in-person return to the Pilgrim Monument and Provincetown Museum after two years.

“As activists, we must remember the importance of celebrating ourselves and each and every step forward that we make. That’s how we’ll survive these challenging times.” –Byllye Avery and Ngina Lythcott

GLBTQ Legal Advocates & Defenders (GLAD) will honor Byllye Avery and Ngina Lythcott, renowned national leaders for reproductive justice, civil rights, and health equity, and noted civic leaders in Provincetown, at its annual Summer Party on July 23. Drag chanteuse Varla Jean Merman will be the celebrity emcee for the festivities, which takes place at the Pilgrim Monument and Provincetown Museum at 4:00 p.m. “We’re excited to gather in person again to honor Byllye and Ngina for their commitment to improving the health and well-being of Black women and other underserved communities, especially in the area of reproductive health, including access to abortion,” said Janson Wu, GLAD’s Executive Director. “It is especially important to lift up their work and their example after the Supreme Court’s rollback of Roe v. Wade, to inspire a new wave of leaders to continue the fight for true reproductive justice and health equity for women, LGBTQ+ people, and people of color.” Avery’s work as a health care activist and reproductive justice advocate stretches back to the 1970s, when she co-founded the Gainesville Women’s Health Center in Florida in 1974, the city’s first abortion and gynecological care clinic, in response to the lack of access to reproductive health care among low-income Black women in the community. In 1978, she helped found Birthplace, an alternative birthing center also located in Gainesville.

Avery founded the National Black Women’s Health Project in 1983 in Atlanta. Now known as the Black Women’s Health Imperative, it is the only national organization exclusively dedicated to improving the health and wellbeing of Black Women. The project stemmed from her work as a board member of the National Women’s Health Network and kicked off with The Conference of Black Women’s Health Issues, which drew 2,000 women to the Spelman College campus in 1983 to address topics such as domestic violence, diabetes, sexual abuse, nutrition, sexuality, childbirth, mental health, and holistic wellness. As part of her work running the organization, Avery spearheaded the production of the 1987 documentary film “On Becoming a Woman: Mothers and Daughters Talking to Each Other,” in which two generations of Black women discuss menstruation, sex, love, and communication. In 1989, Avery was recognized for this work with a MacArthur Fellowship, commonly known as the “Genius Grant.” In 2002, she created the Avery Institute for Social Change to focus on healthcare reform and educating lawmakers on what women needed in the Affordable Care Act. Avery has written and lectured widely on the impacts of race, class, and sex on women’s healthcare. She has also served on the board of Outer Cape Health Services. Lythcott has had an equally long career as a public health practitioner and health advocate. In fact, when she and Avery met in 1989, Lythcott was the director of the Health Promotion Resource Center at Morehouse School of Medicine as well as a faculty member. She then joined the National Black Women’s Health Project’s Wellness Program advisory board. Lythcott was the dean of students at Dartmouth and Swarthmore Colleges and in the Schools of Public Health at Columbia and Boston Universities. A long-term breast cancer survivor, Lythcott has been active with several organizations working to eradicate the disease, including the Intercultural Cancer Council, where she is a current board member. Additionally, Lythcott has long been active in the American Public Health Association. She has done extensive community-based health promotion/disease prevention work with low-income members of diverse, urban, and rural communities, using a community organization and development model. She has also worked in Ghana, Tanzania, Brazil, Nigeria, and South Africa. She is currently a member of the Provincetown School Committee. Avery and Lythcott are as dedicated to each other as they are to social justice. The two have been in a committed relationship for 33 years and a married couple since their 2005 wedding at the Provincetown Pilgrim Monument. Both women currently serve as advisory board members of the feminist health and reproductive justice organization Our Bodies Ourselves. “It’s a high honor to be recognized by GLAD, an organization that shares our commitment to justice, lived equality, and equity,” said Avery and Lythcott. “We must remain committed to every women’s access to quality healthcare, including abortion, and our right to live and love as we choose. We must all recommit to engaging in this work that saves and changes lives, especially now—as our hard-won rights as women, LGBTQ+ people, Black people, and people of color are rolled back or otherwise threatened. As activists, we must remember the importance of celebrating ourselves and each and every step forward that we make. That’s how we’ll survive these challenging times.” In addition to honoring Avery and Lythcott, GLAD’s Summer Party offers spectacular views, a fun-filled live auction, delicious food, open bar, and fun kids’ activities. Children are welcome to attend at no charge. Varla Jean Merman will host a fabulous and exciting live auction featuring custom art, travel experiences, family adventures, and more. For those who can’t make it to Provincetown for the party, GLAD is also hosting an online silent auction to allow guests to participate in the fun from anywhere. Alix Ritchie and Marty Davis are the 2022 Summer Party’s High Tide sponsors. This year’s Summer Party marks the event’s return to Provincetown after a two-year absence due to health and safety concerns related to the COVID-19 pandemic. The safety and well-being of our supporters continue to be paramount. For that reason, proof of COVID-19 vaccination is required for entry to the festivities. Social distancing and masks are highly encouraged. For additional COVID-19 safety information and to purchase tickets, visit the event page.

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In the wake of growing attacks across the country on access to both abortion and lifesaving healthcare for transgender people, the Massachusetts Senate today passed an important measure that will provide critical protections for providers and patients.

The Senate measure protects providers and patients of abortion care and established, evidence-based health care for transgender people from malicious out-of-state legal action. The House of Representatives passed its own version of the bill late last month. Both chambers have taken decisive action following the shocking actions of the U.S. Supreme Court ruling to overturn Roe v. Wade.

With the Supreme Court opening the door for states to ban abortion, and with at least four states to date passing bills criminalizing parents and doctors for providing established, best-practice medical care for transgender youth, this Senate bill makes clear that such care is a protected right in Massachusetts and provides safeguards for providers as well as patients who seek care in the state.

GLAD has partnered with Reproductive Equity Now, the ACLU of Massachusetts, the Massachusetts Medical Society, the Office of the Attorney General, and legislative leaders in the work to find paths to protect providers and strengthen access to gender-affirming care and abortion care in Massachusetts.

“We are grateful to leaders in both the Senate and the House who are taking essential action to protect basic healthcare access for transgender people, women, and everyone who needs access to abortion,” said Polly Crozier, GLAD Senior Staff Attorney. “Massachusetts is a leader in providing established, life-saving medical care for transgender young people. Parents from across the region and the country bring their children here for individualized, interdisciplinary care. While state legislatures are passing unprincipled laws restricting the ability of parents to care for their children and putting transgender young people in harm’s way, we thank our Massachusetts legislators for recognizing the need to protect access to medical care for transgender people and hope that these measures will quickly be finalized and signed into law by Governor Baker.”

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Yesterday, the Massachusetts Department of Children and Families (DCF) released a new LGBTQIA+ nondiscrimination policy effective June 30, 2022.

GLBTQ Legal Advocates & Defenders, Citizens for Juvenile Justice and the Massachusetts Commission on LGBTQ Youth issued the following statement praising the release of the policy after years of LGBTQ+ community advocacy:

“We welcome the release of this policy which marks a significant step toward ensuring that LGBTQIA+ youth in the DCF system are better supported, and treated fairly and with dignity.

“The policy establishes several key procedures that are essential to meeting the needs of transgender youth, particularly, including:

Youth shall be placed consistent with their gender identity
All DCF personnel, foster families and anyone else who interacts with youth and families in the system shall consistently use the names and pronouns an individual uses to describe themselves
DCF will support youth in establishing legal name and gender marker changes
DCF personnel will advocate for LGBTQ+ youth in schools
DCF will provide affirming placements for LGBTQ+ youth

“LGBTQIA+ and particularly Black, Brown and transgender youth, often experience devastating outcomes when involved with the child welfare system. A strong, comprehensive LGBTQIA+ policy, combined with consistent training and intersectional data collection, are critical to addressing the biases and structural barriers that LGBTQIA+ youth face in care and moving the dial on structural reforms that are necessary to ensure all youth are supported.

“This policy is an excellent step in that process and we look forward to continuing to work with DCF and state policymakers to make the comprehensive changes needed to improve protections for LGBTQIA+ youth in state care.”

GLBTQ Legal Advocates & Defenders, Citizens for Juvenile Justice and the MA Commission on LGBTQ Youth, alongside impacted youth and families, service providers and community organizations that make up the MA LGBTQ Child Welfare Alliance, have worked over several years to advocate for structural changes at DCF including a comprehensive LGBTQIA+ non-discrimination policy. Last August, the MA Commission on LGBTQ Youth released an alarming report demonstrating a state of emergency for LGBTQ+ youth in the child welfare system. All of us must commit to comprehensive system reform for DCF-involved youth.

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GLAD Praises Senate Passage of Bill to Make HIV-Prevention Pill Available at Pharmacies Without a Prescription

Urges House to quickly follow suit to advance the Commonwealth’s goal of ending the HIV epidemic

Today, the Massachusetts Senate took a bold step toward ending the HIV epidemic by passing “An Act Enabling Pharmacists to Prescribe, Dispense and Administer PrEP” (S. 2955), sponsored by Senator Julian Cyr.

S. 2955 expands access to HIV pre-exposure prophylaxis (PrEP)—a simple, safe medication that reduces the risk of HIV by close to 100 percent yet remains underutilized—by permitting pharmacists to dispense a 60-day supply without a prescription. The bill also requires pharmacists to link customers who receive a limited supply of PrEP to primary care for ongoing medication and monitoring. By addressing disparities in access to critical HIV services and increasing access to the best tool available for preventing HIV transmission, S. 2955 significantly advances the Commonwealth’s goal of ending the HIV epidemic.

California, Colorado, and Maine have all passed legislation similar to S. 2955, which now awaits action in the Massachusetts House.

Statement from Senator and lead sponsor Julian Cyr:

“PrEP is a game-changer in HIV prevention that reduces the risk of HIV transmission by 99%. While there has been great progress in managing HIV since the virus was first identified, tens of thousands of people continue to contract HIV each year, and gay and bisexual men, especially gay and bisexual men of color, are disproportionately impacted. Increasing access to this vital treatment by enabling pharmacists to prescribe PrEP and improving access to care by requiring pharmacists to link customers to medical care will bolster the Commonwealth’s overall public health and address health care inequities.”

Statement from Janson Wu, Executive Director, GLBTQ Legal Advocates & Defenders (GLAD):

“As an organization committed to advocating for the most effective and groundbreaking strategies to end the HIV epidemic, GLAD is grateful to Sen. Cyr for his leadership in getting S. 2955 through the Senate.

“We also thank Senate President Karen Spilka and Senate leaders Michael Rodrigues, Cindy Friedman, and Joanne Comerford for their commitment to advancing the bill. We are also appreciative of Representative Jack Lewis, Senator Harriette Chandler, and Representative Adam Scanlon for their co-sponsorship of this important legislation.

“Should S 2955 become law, Massachusetts would once again be at the forefront of both HIV prevention and expanding access to health care, becoming the fourth state to make PrEP available through pharmacies after California, Colorado, and Maine. We look forward to working with leaders in the House to make this a reality.”

Statement from Ben Klein, GLAD’s AIDS Law Project Director:

“We must do everything we can to expand access to this highly effective HIV medication, which is the best tool for ending the epidemic. The passage of S. 2955 in the Senate is an important step in that direction. Authorizing pharmacies to dispense PrEP would help eliminate barriers to care faced by LGBTQ people and people of color—particularly gay and bisexual men of color and transgender women—groups who are most at risk for HIV.

“We’re grateful for Sen. Cyr’s leadership on this issue.

“We urge the House to follow the Senate’s example and quickly pass S. 2955 and expand access to this simple, safe, and effective medication.”

Learn more about the bill

Read the latest coverage in the Boston Globe

Find out how GLAD is working to expand PrEP access

GLAD Celebrates Passage of Bill Protecting Gender Affirming Care and Reproductive Healthcare

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The Massachusetts House of Representatives resoundingly passed a bill to provide critical protections for life-saving healthcare for transgender people and access to reproductive healthcare.

The bill says plainly: “Access to reproductive health care services and gender-affirming health care services is recognized and declared to be a right secured by the constitution or laws of the commonwealth.” It protects both providers and patients – of abortion care and established medical care for transgender people – from out-of-state legal action.

With the Supreme Court opening the door for states to ban abortion and states passing bills criminalizing parents and doctors for providing established, best-practice medical care for transgender youth, this bill provides critical protections for people seeking care.

GLAD partnered with Reproductive Equity Now, the ACLU of Massachusetts, and legislative leaders in the work to find paths to protect providers and strengthen access to gender-affirming care and abortion care in Massachusetts.

We are grateful to the committed leaders in the Massachusetts legislature who are taking this bold and essential action to protect our basic healthcare for transgender people, women, and everyone who needs access to abortion.

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Reproductive equity and LGBTQ+ non-profit leaders share outrage over the alarming ruling, and urge state action to further safeguard access to abortion and LGBTQ+ protections

In response to Friday’s ruling in Dobbs v. Jackson Women’s Health, in which a majority of U.S. Supreme Court Justices overturned the constitutional right to abortion and raised the possibility of future review of other core liberties, 16 Massachusetts reproductive equity and LGBTQ+ non-profit leaders issued the following joint statement:

“We are outraged to see a majority of Supreme Court Justices strip a vital individual right from the protections in our Constitution. The right to decide if and when to bear a child is fundamental to bodily autonomy and freedom. Overturning the constitutional right to abortion and putting this health care decision in the hands of state legislatures, rather than women and pregnant people, will have devastating consequences for millions of people across the country. Those consequences will fall hardest on people of color, LGBTQ+ people, those who are incarcerated, and those with limited financial resources.

“Friday’s ruling alarmingly also signaled the Court’s willingness to review other constitutional freedoms that allow us to make informed decisions about our bodies, our lives, and our families. We are united in our commitment to fight for access to abortion, contraception and reproductive freedom, for the right of transgender people to access life-saving healthcare, and for the recognition and protection of our relationships and our families.

“We are grateful that Massachusetts has protected the right to abortion in state law, and that right remains secure in the Commonwealth. But the right to abortion does not mean much if women, trans men, and non-binary people cannot access care. We must go farther. We must do more. This moment demands it. We must take steps to expand access to care so that every person—regardless of their zip code, how much money is in their bank account, or their insurance coverage—is able to access the health care they need.

“The same forces seeking to undermine reproductive freedom are also already and actively working in multiple states to criminalize parents and doctors for providing medically necessary care for transgender youth. This ruling will only embolden those efforts. Our legislators can take action now to ensure that access to essential medical care is protected in Massachusetts by taking steps to protect providers from malicious out-of-state litigation for offering reproductive health care and essential gender affirming care that is legal in our Commonwealth. We urge the state legislature to adopt the measures proposed by the Massachusetts Beyond Roe agenda and to protect gender affirming care providers to ensure greater healthcare access and equity in our state.

“Justice Clarence Thomas’ suggestion in his concurrence opinion that, ‘In future cases, we should reconsider all of this Court’s substantive due process precedents,’ including Griswold (contraception), Lawrence (LGBTQ+ intimacy) and Obergefell (marriage equality) also underscores the urgency of ensuring that our state laws protect LGBTQ+ families.

“While marriage equality is secure under our Massachusetts state constitution, Massachusetts is the only New England state without core family law protections for LGBTQ+ families and their children. LGBTQ+ parents do not have full protections from the moment of their child’s birth. They face barriers, cost and humiliation to protect their children. They face separation from their children, and they endure losing them to the child welfare system.

“The Massachusetts Parentage Act is pending legislation currently before the Joint Committee on the Judiciary that will remedy these gaps in our law and protect all children, regardless of the circumstances of their birth or the marital status, gender, or sexual orientation of their parents. We urge our legislators to pass it this session.

“As an extremist majority on the Supreme Court moves to limit rights and put women and LGBTQ+ people in harm’s way, Massachusetts can instead choose to protect the families, health, wellbeing and bodily autonomy of LGBTQ+ people and all people.

“Other legislation pending on Beacon Hill also deserving attention and action include bills that would repeal archaic anti-sodomy laws, decriminalize consensual sex work and stop the profiling of transgender and low-income women, and the RIGHTS Act which would guarantee health, humane treatment, and safety for incarcerated LGBTQ+ people.

“Friday’s decision landed amidst grave and escalating assaults nationwide on many fundamental liberties, from denying reproductive freedom to censoring and surveilling what young people can learn and who they can be in school, to stripping away from parents the basic right to seek life-saving healthcare for their transgender children. We will rally together across all our communities to push back against these attacks across the country, and we will work together to ensure Massachusetts is a place where everyone has the equal protection of our laws and can make informed decisions about our families, our bodies, and our lives.”

Cameron Van Fossen, Executive Director, Y2Y Network Carmel Valentine, Executive Director, Massachusetts Transgender Political Coalition Craig Coogan, Executive Director, Boston Gay Men’s Chorus Ellen LaPointe, CEO, Fenway Health Ellyn Ruthstrom, Executive Director, SpeakOUT Boston Grace Moreno, CEO, Massachusetts LGBT Chamber of Commerce Grace Sterling Stowell, Executive Director, BAGLY (Boston Alliance of LGBTQ Youth) Idit Klein, President & CEO, Keshet Ivan Espinoza-Madrigal, Executive Director, Lawyers for Civil Rights Nina Selvaggio, Interim Executive Director, Greater Boston PFLAG Janson Wu, Executive Director, GLBTQ Legal Advocates & Defenders (GLAD) Joan Ilacqua, Executive Director, The History Project Michael Cox, Executive Director, Black and Pink Massachusetts Rebecca Hart Holder, Executive Director, Reproductive Equity Now Tanya Neslusan, Executive Director, MassEquality Valerie Frias, CEO, Ethos Whitney Retallic, Executive Director, OUT MetroWest

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Seven years ago today, we saw the enormous victory of Obergefell v. Hodges and marriage equality nationwide. And, we just celebrated 18 years of marriage equality in Massachusetts. Both Obergefell and the Goodridge ruling in Massachusetts were victories for love, human dignity, and equality.

But our work did not end there. Especially as we reckon with Friday’s shameful Supreme Court ruling overturning the Constitutional right to abortion and what some Justices have signaled could mean future challenges to other core rights, we must do all we can to fight for a world where all people and families are respected and protected.

Support the Massachusetts Parentage Act: Send an email to the House and Senate chairs of judiciary in Massachusetts – Mike Day Michael.Day@mahouse.gov and Jamie Eldridge James.Eldridge@masenate.gov

In Massachusetts right now we have an amazing opportunity to act locally to protect LGBTQ+ families and their children. Massachusetts is the ONLY New England state that has not updated its parentage laws to include and protect LGBTQ+ families.

What does that mean? It means that, for your LGBTQ+ friends, they do not have protections from the moment of their child’s birth. They face barriers, cost, and humiliation to protect their children. They face losing their kids to the child welfare system. They face separation from their children. Perhaps you don’t realize the system in place in Massachusetts and how it doesn’t yet protect LGBTQ+ families. Marriage equality is so important, but it isn’t and has never been the end. We need our state family laws to protect all children, regardless of the circumstances of their birth or the marital status, gender, or sexual orientation of their parents. We are not there yet, but we are close.

If you live in Massachusetts, please take a minute today to send an email to the House and Senate chairs of Judiciary in Massachusetts: Representative Mike Day at Michael.Day@mahouse.gov and Senator Jamie Eldridge at James.Eldridge@masenate.gov.

We have until June 30 to get the Massachusetts Parentage Act out of the Judiciary Committee. We know there is so much to do in these difficult times, and we need them to act on equality for LGBTQ+ families.

Please write the chairs, tweet for action, ask your friends and neighbors to do the same. We have the power to protect people in our own Commonwealth and insulate children and families from the dangers of the current Supreme Court.

Find out more about the Massachusetts Parentage Act, the MPA Coalition, and how to take action at MassParentage.com.

Gender Identity and the Law Workshop for Western Mass LGBTQIA+ Advocates

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There is significant need for social and legal support for the LGBTQIA+ community in Western Massachusetts. This event gives LGBTQIA+ advocates an opportunity to learn from local experts about the legal landscape affecting our community and how you can support people in accessing gender-affirming care and services.

Community Legal Aid is collaborating with statewide and local legal services providers to expand a network of attorneys trained to provide support in legal name changes. As partners in this initiative, we hope that you will join us. Your involvement and support can provide a lifetime of gender-affirming access for members of our community.

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Learn from a member of Transhealth Northampton to explore family case studies of gender journeys to better understand the perspectives, experiences, and needs of this community. GLAD’s Transgender Rights Project Director Jennifer Levi will also give a national political overview of pending and recent litigation and legislation which impact access to gender affirming care and services. And experienced attorneys will offer a substantive training of the legal name change process and connect you to resources where you can make a difference.