Massachusetts Know Your Rights - Page 3 of 40 - GLAD Law
Skip Header to Content
GLAD Logo Skip Primary Navigation to Content

Search

News

Massachusetts Senate Unanimously Passes Parentage Act

Historic Bill Awaits Final Enactment Before Heading to Governor

The Massachusetts Senate today voted unanimously to pass An act to ensure legal parentage equality, better known as the Massachusetts Parentage Act, a historic piece of legislation that will protect LGBTQ+ families, and children born through surrogacy and assisted reproduction, in forming the legal bond of a parent-child relationship. The bill now awaits final enactment before it heads to Governor Maura Healey’s desk for her signature. Governor Healey has stated strong support for the legislation.

“Today, Massachusetts took a major step forward in ensuring that all families are treated equally under our laws,” said Polly Crozier, Director of Family Advocacy at GLBTQ Legal Advocates & Defenders. “We are grateful to the many people, families, and advocates who have fought for years to get to this point. We thank the Senate leadership, Senate Sponsors Senators Julian Cyr and Bruce Tarr, Senate Judiciary Committee Chair Jamie Eldridge and the many Senators on both sides of the aisle who voted unanimously to pass the MPA today. With this vote the Massachusetts Senate demonstrated that fairness under the law is for everyone. We look forward to seeing the Massachusetts Parentage Act enacted and signed into law soon.”

The Massachusetts Parentage Act updates Massachusetts statutes to clarify who can be a parent and how to establish parentage. This bill is critical to ensuring that all children can access the security of legal parentage, regardless of the circumstances of their birth, including through assisted reproduction and surrogacy.

Currently, Massachusetts is the only state in New England without comprehensive statutory protections on parentage. 

The bill’s bipartisan sponsors include Democrat Senator Julian Cyr, Republican Senator Bruce Tarr, Democrat Representative Sarah Peake, Republican Representative Hannah Kane, and Democratic Representative Kay Khan. 

The Massachusetts Parentage Act is supported by a coalition of over 60 organizations: 

AllPaths Family Building, American Academy of Adoption and Assisted Reproduction Attorneys, American College of Obstetricians and Gynecologists, Massachusetts, ACLU of Massachusetts, American Society for Reproductive Medicine, Association of Family and Conciliation Courts – MA Chapter, BAGLY, Baystate Health, Boston IVF Fertility Clinic, Boston Medical Center, Cape Cod Healthcare, Inc., Center for Reproductive Rights, Children’s Law Center of MA, Children’s League of Massachusetts, Circle Surrogacy & Egg Donation, Citizens for Juvenile Justice, COLAGE, Committee for Public Counsel Services, Conceiveabilities, Csed Inc. (The Center for Surrogacy and Egg Donation), Eastern Bank Foundation, Family Equality, Fenway Health, Fertility Within Reach, Friends of Children, GLBTQ Legal Advocates & Defenders (GLAD), Greater Boston Family Law Inn of Courts, Greater Boston PFLAG, Human Rights Campaign, Jewish Alliance for Law & Social Action, Kauffman Law and Mediation, Keshet, Mass General Brigham, Mass NOW, Mass PPD Fund, Massachusetts Advocates for Children, Massachusetts Chapter of the American Academy of Pediatrics, Massachusetts Commission on LGBTQ Youth, Massachusetts Commission on the Status of Women, Massachusetts LGBTQ Bar Association, Massachusetts LGBTQ Political Caucus, Massachusetts Medical Society, Massachusetts Society for the Prevention of Cruelty to Children, Massachusetts LGBT Chamber of Commerce, Massachusetts Trans Political Coalition, MassEquality, Mental Health Legal Advisors Committee, Modern Family Law, Bruce Hale, Esq., Movement Advancement Project, National Association of Social Workers–MA Chapter, National Center for Lesbian Rights, New England Fertility Society, New England Surrogacy, Nichols, Delisle & Lightholder, OUT MetroWest, Planned Parenthood League of Massachusetts, Progressive Massachusetts, Reproductive Equity Now, RESOLVE: The National Infertility Association, Roxbury Youth Works, SeedTrust, SEIU 509, Transhealth, The Boston Foundation, UMass Memorial Health, and the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy.

Learn more about the Massachusetts Parentage Act

Pride Worcester

Pride Worcester

Saturday, September 6 from 2-7PM | Worcester, MA | Learn more

Come visit the GLAD Law resource table at the Pride Worcester festival on September 6!

The Pride Worcester Festival welcomes a variety of LGBTQ+ and ally artists, makers, crafters, food vendors, live performers and speakers, and features a youth & family zone, as well as health services provided by AIDS Project Worcester and other community health partners.

Learn more

News

MA House Passes Parentage Act, Advancing Bill for Senate Approval

Legislation will Update Massachusetts’ Outdated and Harmful Parentage Laws Providing Protections for LGBTQ+ Families and Children Born through Surrogacy and Assisted Reproduction

BOSTON – The Massachusetts House of Representatives today voted unanimously to pass an act to ensure legal parentage equality, better known as the Massachusetts Parentage Act (H4672), historic legislation that will protect LGBTQ+ families, and children born through surrogacy and assisted reproduction, in forming the legal bond of a parent-child relationship. The bill now advances to the Massachusetts Senate. 

“We are grateful that these long-overdue protections have passed the House and will now take this important step toward becoming law in Massachusetts,” said Polly Crozier, Director of Family Advocacy at GLBTQ Legal Advocates & Defenders. “We are grateful for Speaker Ron Mariano’s leadership in advancing the MPA and for the many hours of work dedicated to this legislation by Chairman Michael Day through his leadership role on the Judiciary Committee. All families in Massachusetts, including many LGBTQ+ families, are one step closer to having the legal protections and security they deserve. As this bill advances, we look forward to working with the Senate – where we have strong bipartisan support – and the Senate President, who is also a longtime supporter of LGBTQ equality.”

The MPA updates Massachusetts statutes to clarify who can be a parent and how to establish parentage. This bill is critical to ensuring that all children can access the security of legal parentage, regardless of the circumstances of their birth, including through assisted reproduction and surrogacy.

Currently, Massachusetts is the only state in New England without established statutory protections on parentage. 

“What we are doing today is giving a tune up to our statutory structure to reflect the modern and contemporary ways that people become parents whether they are straight or gay,” said Rep. Sarah Peake during her floor speech Wednesday. “This is a bill that is good for everyone in the Commonwealth of Massachusetts. 

“At the heart of this bipartisan legislation lies a simple yet profound principle: the recognition of legal parentage should not be contingent upon outdated norms or narrow definitions,” said Rep. Hannah Kane, a co-sponsor of the bill, during her floor speech Wednesday. “It is a principle that acknowledges the diverse tapestry of modern families and affirms their right to legal recognition and protection under the law.”

“Today we seek to modernize laws that currently treat parents who, despite loving and providing for their children just as much as any other parent does, we treat them as second class because of how they became a parent,” said Rep. Day during his floor speech Wednesday. 

Governor Maura Healey and Attorney General Andrea Joy Campbell expressed their strong support, respectively, for the legislation in April following the enactment of a similar piece of legislation in Michigan. 

“We’ve been proud to be a national leader and trailblazer when it comes to LGBTQ+ equality, but we’ve got some catching up to do,” said Governor Healey. “Let’s pass the Massachusetts Parentage Act to make sure every family has the legal protections they need and deserve.”

“Our state parental laws have not kept pace with the diversity of modern-day families, and as other states take the necessary steps to protect families, provide stability for children and advance reproductive and LGBTQ+ rights, it is clear it is well past the time for us to act and pass the Massachusetts Parentage Act,” said Attorney General Campbell.

The bill’s bipartisan sponsors include Democrat Senator Julian Cyr, Republican Senator Bruce Tarr, Democrat Representative Sarah Peake, and Republican Representative Hannah Kane. 

The Massachusetts Parentage Act is supported by a coalition of over 60 organization: 

AllPaths Family Building, American Academy of Adoption and Assisted Reproduction Attorneys, American College of Obstetricians and Gynecologists, Massachusetts, ACLU of Massachusetts, American Society for Reproductive Medicine, Association of Family and Conciliation Courts – MA Chapter, BAGLY, Baystate Health, Boston IVF Fertility Clinic, Boston Medical Center, Cape Cod Healthcare, Inc., Center for Reproductive Rights, Children’s Law Center of MA, Children’s League of Massachusetts, Circle Surrogacy & Egg Donation, Citizens for Juvenile Justice, COLAGE, Committee for Public Counsel Services, Conceiveabilities, Csed Inc. (The Center for Surrogacy and Egg Donation), Eastern Bank Foundation, Family Equality, Fenway Health, Fertility Within Reach, Friends of Children, GLBTQ Legal Advocates & Defenders (GLAD), Greater Boston Family Law Inn of Courts, Greater Boston PFLAG, Human Rights Campaign, Jewish Alliance for Law & Social Action, Kauffman Law and Mediation, Keshet, Mass General Brigham, Mass NOW, Mass PPD Fund, Massachusetts Advocates for Children, Massachusetts Chapter of the American Academy of Pediatrics, Massachusetts Commission on LGBTQ Youth, Massachusetts Commission on the Status of Women, Massachusetts LGBTQ Bar Association, Massachusetts LGBTQ Political Caucus, Massachusetts Medical Society, Massachusetts Society for the Prevention of Cruelty to Children, Massachusetts LGBT Chamber of Commerce, Massachusetts Trans Political Coalition, MassEquality, Mental Health Legal Advisors Committee, Modern Family Law, Bruce Hale, Esq., Movement Advancement Project, National Association of Social Workers–MA Chapter, National Center for Lesbian Rights, New England Fertility Society, New England Surrogacy, Nichols, Delisle & Lightholder, OUT MetroWest, Planned Parenthood League of Massachusetts, Progressive Massachusetts, Reproductive Equity Now, RESOLVE: The National Infertility Association, Roxbury Youth Works, SeedTrust, SEIU 509, Transhealth, The Boston Foundation, UMass Memorial Health, and the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy.

Learn more about the Massachusetts Parentage Act.

Thank your Representative for their vote and urge your Senator to support the Massachusetts Parentage Act!

Take Action

News

1st Circuit Court Affirms School’s Right to Prohibit Anti-Transgender Apparel

The 1st Circuit Court of Appeals in L.M. v. Town of Middleborough has upheld a lower court’s final ruling in favor of a Massachusetts public middle school which prohibited a student from wearing a t-shirt reading “THERE ARE ONLY TWO GENDERS” on the grounds that it disrupted learning by harmfully targeting transgender and gender nonconforming students.

The Court, understood the message as striking negatively at the core of identity for students who are transgender or gender nonconforming and found that the school was within its right to keep the student from wearing the t-shirt. The Court affirmed that, while students have a right to free expression, public schools are permitted to prohibit messages that will cause a substantial disruption to the school learning environment.

GLAD submitted a friend-of-the-court brief alongside the Massachusetts Association of School Superintendents in support of the Middleborough school to emphasize (1) the school’s authority to address issues and behavior that can reasonably be predicted to cause substantial disruption to the school learning environment and (2) the harmful impact on student learning for all students when transgender and nonbinary students are targeted for exclusion.

Learn More

Title IX | National

Your Enduring Rights Under Title IX

You may have seen recent news about a federal court issuing an injunction related to US Department of Education Title IX rules and several actions by President Trump attempting to undermine the rights of transgender students.

Here’s what these developments mean for you here in New England.

What is Title IX?

Title IX is a landmark federal law passed in 1972. It prohibits discrimination on the basis of sex in schools and education programs that receive federal funding. It has been and will continue to be vital to improving opportunities, fair treatment, and funding for girls and women. This law has also been instrumental in ensuring that all people, including LGBTQ+ students, have fair access to educational opportunities, regardless of their sex, gender, sexual orientation, gender identity, or gender expression.

What happened to the 2024 Rules?

On August 1, 2024, new US Department of Education (DOE) rules went into effect. Among other things, the rules explained that Title IX protects LGBTQ+ students from discrimination and harassment and ensures that transgender students have access to bathrooms and changing rooms consistent with their gender identity. These rules did not “change” Title IX; rather, they explained protections afforded by the plain language of the statute and incorporated the U.S. Supreme Court’s interpretation of Title VII, a similar statute prohibiting sex discrimination in employment.

Twenty-six states, as well as several schools and anti-trans groups, filed lawsuits to stop the DOE from enforcing the 2024 Rules. On January 9, 2025, a federal court in one of these lawsuits blocked the 2024 Rules from going into effect nationwide. Although this order could be appealed, and other cases are ongoing, it is very likely that the new Trump administration will not defend the 2024 Rules, leaving them blocked.

What does that mean for me?

Just like the 2024 Rules did not “change” Title IX, the order blocking the 2024 Rules did not “change” Title IX either. Title IX still prohibits discrimination on the basis of sex, which many courts have recognized to include discrimination on the basis of sexual orientation, gender identity, and gender expression. Title IX still requires schools to provide LGBTQ+ students with equal educational opportunities and still gives students and parents the ability to assert their rights to a discrimination-free school environment.

What does Trump’s Executive Order mean for my rights?

On January 20, 2025, President Trump signed an Executive Order attempting to make it the “policy of the United States to recognize two sexes” and intending to deny the rights of transgender people. He followed this with another order on January 29, 2025, threatening teachers who affirm and support students’ transgender identities. The clear purpose of these orders is to cause chaos, confusion, and fear. In the United States, Congress—not the President—writes laws, and the courts—not the President—interpret laws. The Executive Order does not change the rights of students under Title IX to a safe, supportive learning environment and a quality education.

I think my rights have been violated. What can I do?

All New England states have state laws protecting the rights of LGBTQ+ students in schools—including transgender students—as well as state agencies that investigate and enforce violations of those protections. The court order and Executive Order have no impact on state law protections and on students’ statutory rights under Title IX, nor do they change individuals’ rights to bring their own private enforcement actions.

GLAD Law maintains resources for LGBTQ+ students in New England. For more information about the laws in your state, visit our website:

If you have experienced bullying or harassment at school due to your sexual orientation, gender identity, or gender expression, GLAD Law wants to hear from you. Please visit this page to let us know about your experience: https://www.gladlaw.org/TitleIX-Form

This page was last updated in February 2025.

Blog

Honoring Courage and Commitment: 20 Years of Marriage Equality

The following post is from Mary Bonauto’s recorded remarks for the May 17, 2024 event at the Arlington Street Church in Boston, MA, marking the 20th anniversary of the freedom to marry.

Mary Bonauto is GLAD’s Senior Director of Civil Rights and Legal Strategies and argued the case Goodridge v. Massachusetts Department of Public Health before the Massachusetts Supreme Judicial Court.

YouTube video

What people long thought was impossible, including in our own community, has now been the law of Massachusetts for 20 years.

It was a long journey to get from the vision of equal marriage to the joyous reality. This church and its Reverend Kim Crawford Harvie celebrated the marriage of David Wilson and Robert Compton right here, and you’d have thought they roof would blow off. 

David Wilson and Rob Compton at their wedding ceremony. They are dressed in black suits, holding hands and facing each other in front of their officiant.
David Wilson and Rob Compton
were married by Reverend Kim
Crawford Harvie – one of the first
same-sex marriages in the country.

Looking back, we honor Richard Loving and Mildred Jeter, a white man and Black woman, who fought Virginia’s race-based bans in the 1960s to say that their marriage was valid. And the US Supreme Court agreed that the freedom to marry, and to marry without discrimination, is a vital personal right.

We honor the three brave plaintiffs couples in Hawaii, their lawyer Dan Foley, and the good people there who brought the conversation forward in the US with a stunning State Supreme Court ruling in 1993 that these couples should be allowed a chance to go forward with their case because there might in fact be a constitutional issue in categorically denying marriage to same sex couples.

We honor our dear friends in Vermont, lawyers Beth Robinson & Susan Murray, their firm Langrock Sperry and Wool, and the three wonderful couples there who, with GLAD, brought the first marriage case on the mainland in 1997. We won a ruling from that State’s Supreme Court that the constitution, and our common humanity, required that same-sex couples also have access to the protections, benefits, and responsibilities that marriage brings. Vermont then passed the nation’s first ever civil unions law, which provided the first comprehensive legal status to families of same-sex couples, and also provided a bridge to the future.

Here in the Commonwealth of Massachusetts, we treasure our plaintiffs as people and as couples for their courage and commitment and for showing the world what love and justice looks like for same sex couples. I appreciate my GLAD colleagues and all of the amici and their attorneys who shared their expertise with the Massachusetts Supreme Judicial Court (SJC). 

The marriage story is a story of democracy in action.

The November 18, 2003 decision by Chief Justice Margaret H. Marshall, joined by Justices Greaney, Ireland, and Cowin, is one for the ages. It laid out the framework for all winning cases going forward in both state and federal courts and at the US Supreme Court. These Justices did not shrink from the constitutional imperatives of equality and liberty for all, even as to marriage. That ruling broke an historic barrier and changed forever what equality looks like for LGBTQ+ people.

Winning – and defending – marriage equality in Massachusetts was a team effort on a colossal scale. I know many of you who worked so hard are in the room today. It included Governor Deval Patrick who defended this decision and our community, stalwart legislators like Representatives Alice Wolf, Byron Rushing, Liz Malia and many more.

It includes those who changed their minds, like Representative Paul Kujawski. It includes Senator Marian Walsh who proclaimed during a constitutional convention proceeding that the Goodridge decision was correct. And that even though it made her uncomfortable, here her comfort level was not the measure of her constituents’ constitutional rights. We saw such incredible leadership up and down the legislature when it mattered.

In the face of those who would recreate marriage discrimination in our constitution, we proclaimed: “I stand with the Supreme Judicial Court.” And with MassEquality and so many other allies, the big “we” defeated those amendments over the course of three years. We showed the nation that marriage equality was here to stay in the US.

Creating the common good takes effort, and that’s more than a two-way street. It’s a busy intersection of listening, learning, and supporting “our” issues and “others” as well.

That win showed what we can do when we talk about our lives and learn about theirs, when we invite people in and talk to each other, even with noisy scare tactics and demonization around us.

The Massachusetts experienced helped propel other important milestones in the journey to nationwide marriage equality, including a judicial victory in Connecticut in 2008, one of two states to rule that year, as well as the first wins in state legislatures in 2009 in Vermont – over a Governor’s veto, Maine and New Hampshire.

And in 2012, states including Maine, Maryland, Washington, and Minnesota for the first time approved of marriage at the ballot.

Goodridge Plaintiffs Pictures Standing in a Group. Gloria Bailey-Davies • Linda Bailey-Davies • Edward BalmelliMaureen Brodoff • Gary Chalmers • Rob ComptonHillary Goodridge • Julie Goodridge • Michael HorganRichard Linnell • Gina Nortonsmith • Heidi NortonsmithEllen Wade • David Wilson
The plaintiffs in Goodridge v. Massachusetts Department of Public Health,
which won the freedom to marry in Massachusetts.

The marriage story is a story of democracy in action, of involving people and all branches of governments, of people from all walks of life and public and private institutions stepping up.

The road to nationwide marriage equality at the US Supreme Court in 2015 was paved through the States. The Commonwealth of Massachusetts and its people were absolutely essential.

Just as this victory was not inevitable, it is not invincible either. We know that there are those who would like to “revisit” marriage and other legal rights we’ve won over the years.

So, I ask you to remember, as we invest in our communities, so do they invest in us. Creating the common good takes effort, and that’s more than a two-way street. It’s a busy intersection of listening, learning, and supporting “our” issues and “others” as well. 

If we are about people, families, and communities thriving – and we are – and if we are about freedom, opportunity, equity and justice – and we are – then be there for your whole diverse community.

We are in a time where we can and must use the tools we learned through marriage and all of our justice struggles to support the truth, which is the inherent dignity, full equality, and common humanity of transgender people.

20 years on from May 17, 2004, we know how much protection comes with marriage, with being understood as a family, and with being valued as part of the fabric of the state, the community, and the nation.

So, happy anniversary. Enjoy this celebration. And let’s keeping working.

Celebrate 20 years of the freedom to marry in Massachusetts with a donation in honor of the brave plaintiffs who made it possible!

DONATE TODAY

Pride at School | National

Public schools have a responsibility to support and provide a positive environment for all students.

One way that they do this is by displaying support for LGBTQ+ students through Pride symbols and flags.

Public school administrators are legally required to provide the same rights to all students and student clubs under the Equal Access Act. So, for example, if the school allows students from other clubs to hang flags or banners, the school has a legal responsibility to allow their GSA (Gender and Sexuality Alliance) to do the same.

At schools, school officials are able to create guidelines around displaying supportive flags and symbols. Just because they display supportive imagery does not mean that they also need to display offensive imagery if requested to do so. Schools do not need to worry about being forced to put up offensive banners, decorations, or other imagery.

This means schools can fly flags like the Black Lives Matter or Transgender Pride flags to show support for their students. Schools do NOT have to take down these flags, even if someone requests it as a hostile symbol.

What can schools do?

  • Keep up existing inclusive flags, signs, and posters.
  • Have school faculty meetings where school employees propose new inclusive displays.
  • Put up new inclusive displays to show support for their students.
  • Provide all student clubs with the same resources.

What should schools not do?

  • Schools should not create programs that allow private individuals to propose flag suggestions.
  • Schools should not let non-school employees put up displays.
  • Schools cannot allow only some groups of students to have clubs and exclude others.

College | National

Every student is entitled to equal educational opportunities and an environment that supports them. They also deserve to show up as and express their authentic selves, which includes having their proper name and pronouns used in classroom and administrative settings. For LGBTQ+ college students, this can prove difficult as there are no overarching policies or laws regarding name and pronoun usage at universities. Public universities often have more protections for LGBTQ+ students whereas private and religious educational institutions may follow different policies. Below you can find some information on best practices and ideas on how to best approach the subject with staff, professors, and administration. The links and resources provided were not compiled by GLAD and have not been vetted by GLAD.

Applying to LGBTQ+ Friendly Universities

Name & Pronoun Use and the Common App

Due to the Common App (a platform that allows students to use one college application to apply to several universities) asking students for their (preferred) names and pronouns, as of January 2022 over 900 universities across the US now have the ability to integrate the use of those names and pronouns, and over 200 universities directly use this information in their campus information systems.

Here you can find a list from August 2023 of The Best Colleges for LGBTQ+ Students in the US. You can also use the Campus Pride Index.

Pronoun and Name Usage on Campus

Professors using your correct name and pronouns:

All students deserve to be treated with respect. One way professors can be respectful is by asking for and using students’ correct name and pronouns (even if they differ from what’s on the students’ records).

If you are being named incorrectly and misgendered here are some steps you can take to advocate for yourself:

  • Bring it up to the person misgendering or misnaming you. They may not be aware that they are doing so and might be able/willing to easily change this.
  • Share resources. You can find GLSEN’s Pronouns Guide here.
  • Start a conversation on campus and advocate for campus-wide change. Connect with Campus Pride to take their trainings and use their LGBTQ+ advocacy resources.
  • Go to the Title IX Office. Persistent, intentional misgendering is also something you can raise with the Title IX Office at your university.

Updating your preferred name and pronouns with the registrar’s office:

Some universities now give students the ability to update their name and pronoun information at the registrars’ office so as to not out trans students to their professors and other campus staff. Check out this example of a policy to update for preferred (not legal) names and pronouns from Berklee College of Music.

If your school does not have such a policy and/or is refusing to allow you to update your name and pronouns through the registrar’s office, you may be able to make a Title IX complaint. Title IX protects LGBTQ+ students from discrimination based on sexual orientation and gender identity. Read more about Title IX here.

Because of FERPA protections, if you are over 18, by law you are able to update your name and pronouns at your college without that information being shared with your parents, guardians, spouse, or financial benefactors.

Advocating for correct name and pronoun usage on campus:

Campus Pride has great advocacy trainings and resources for students.

University Policies, Best Practices, Etc.

Guides for universities looking to update their practices

Below, university administration, professors, and staff can find guides on supporting LGBTQ+ students in higher education:

GLAD Answers

If you’ve followed these steps and the situation has not resolved or is getting worse, please reach out to GLAD Answers. Complete the online intake form at GLADAnswers.org, email GLADAnswers@glad.org, or leave a voicemail at 800-455-GLAD.

Blog

Building Families and Protecting Children:
National Threats and Implications for Massachusetts

Across the country, we are facing aggressive efforts to restrict reproductive freedom and equal rights for LGBTQ+ people and families.

On April 24, 2024, the Massachusetts Parentage Act Coalition gathered experts to discuss the impact of these threats and what Massachusetts can do now to protect reproductive rights and access to family building and provide legal security for families formed through assisted reproduction methods like IVF.

YouTube video

Panelists

Featuring

Representative Hannah Kane and Senator Julian Cyr

Moderators

Massachusetts Parentage Act Coalition Co-Chairs:

Learn more about the Massachusetts Parentage Act (H.1713/S.947) and take action

Resources:

School Resources | Youth | Massachusetts

Schools are meant to be student-centered places where young people are safe and can learn what they need to succeed in life. Yet, extremist politicians and well-funded national groups are trying to make public schools and school libraries a site of attacks on LGBTQ+ people, especially youth, and families. 

Youth in Massachusetts public schools still have rights, and our schools have a responsibility to ensure all students, including LGBTQ+ students, are safe, supported, and able to learn. GLAD and our partners are sharing these resources on your rights as a student, parent, and educator.

Find national resources and organizations here.

Massachusetts Resources

Know Your Rights

Nondiscrimination: Massachusetts General Laws prohibit discrimination based on gender identity, sex, sexual orientation, and perceived sexual orientation in Massachusetts public schools. You can read more under G.L. c. 76, sec. 5.

Anti-Bullying: Massachusetts has one of the strongest anti-bullying laws in the country. It has strict requirements that schools must follow to protect students from a wide variety of bullying, be it physical, verbal, or online. 

Guidance for Schools: The Massachusetts Department of Elementary and Secondary Education has created guidance for schools on the rights, responsibilities, and best educational practices for transgender and gender non-conforming students. Learn more about this guidance here.

Learn more on the following Know Your Rights pages:

What to do if you or your child is experiencing bullying, discrimination, or mistreatment in school

If you as a student or your child is experiencing bullying because of an LGBTQ+ status or a perceived LGBTQ+ status, you can take steps under both state and federal law to remedy the situation. And you can pursue both avenues at the same time.

Massachusetts Anti-Bullying & Harassment Protections

First, it is important to understand what Massachusetts considers bullying or harassment. As the Attorney General summarizes,

The Massachusetts Anti-Bullying Law (G.L. c. 71, § 37O) and Student Anti-Discrimination Act (G.L. c. 76, § 5) require schools to take steps to prevent bias-related bullying and harassment by students and respond effectively when it occurs. Bullying and harassment are similar, but not identical, types of misconduct.

  • Bullying generally includes any repeated, targeted behavior that harms a student or disrupts the school environment. Although not all bullying is bias-related, bullying often stems from or involves bias, prejudice, or hate. The law specifically protects against bullying based on sexual orientation, gender identity, race, national origin, religion, disability, and age.
  • Harassment is conduct that creates, or contributes to the creation of, an intimidating or hostile environment for a student because of their race, color, religion, national origin, sex, gender identity, or sexual orientation.
  • Like bullying, harassment can take many forms, including verbal statements, online or social media activity, graffiti, and violent or threatening physical conduct. Unlike bullying, harassment does not have to be repeated or targeted at a particular victim. A single, severe hate incident may create an intimidating or hostile environment—so too may a series or pattern of incidents. 

You can the full laws at G.L. c. 71, sec. 37O (e) and G.L. c. 76, sec. 5.

Second, consider whether you want to take action under the school’s anti-bullying or harassment policies, which should be available on the school website. If so, follow the steps from the school’s policies and keep copies/screenshots of emails and texts, as well as take notes of conversations with school staff, to show that you have done what you are supposed to and that the school is on notice of your concerns. 

If the school is not investigating the bullying, press them to do so. The anti-bullying law expects schools to have a policy providing “clear procedures for promptly responding to and investigating reports of bullying or retaliation.”

If you are not satisfied with the school’s response, consider contacting (1) the school district’s Superintendent (information on the school website) and/or (2) the Department of Elementary and Secondary Education’s (DESE) Safe Schools Program for LGBTQ+-related bullying. The Safe Schools Program is for LGBTQ+ students who need support and suggested strategies for dealing with the bullying. The Safe Schools program may be able to do an evaluation of the school and may offer trainings to administration and staff if they find it is not an LGBTQ+ safe environment. You can find the application for support here.

You may find more information about bullying laws from the Massachusetts Attorney General’s Office here. GLAD is among those who advocated for the anti-bullying law and have defended it in Court. Learn more about GLAD’s amicus brief in Doe v. Hopkinton Public Schools here.

US Harassment & Discrimination Protections for Students

Federal law is also a tool for addressing bullying and harassment.  When these behaviors are ignored or inadequately addressed, this may add up to discrimination based on sexual orientation or gender identity, among other characteristics. 

Harassment and bullying because of a person’s LGBTQ+ status may also constitute sex discrimination under Title IX protections. Learn more on our Title IX Know Your Rights page. If your school is unsupportive and not taking action to end the bullying, you can also contact GLAD Answers.

Finally, Fenway Health offers free mental health support to LGBTQ+ people who have experienced harassment and may be able to offer your child support.

If you have questions about the specific situation you are experiencing or questions that have not been answered above, please reach out to GLAD Answers.

About school censorship and book bans

On January 23, 2023, the ACLU and GLBTQ Legal Advocates & Defenders (GLAD) sent a letter urging Massachusetts public school districts to protect students’ legal rights by rejecting censorship in school libraries.

Learn more here.

Get involved in your local community

  • Follow the issues that come up in your school committee and town/city council.
  • Attend meetings when important issues are being discussed and even to participate in the public comment period in which School Board/Committee members listen to input from the public. It is important that they hear support for good work and good arguments for why LGBTQ+ and race-based restrictions are bad educational policy for all students.
  • Follow education, curriculum, staffing, policy, library and other issues in school board and local elections, or run for office yourself.
  • For support in talking about issues related to education and LGBTQ+ students, and more ways to take action, visit Campaign for Our Shared Future.

Organizations and Additional Resources

Organizations

  • GLAD is involved in youth-related cases and advocacy work across the country.
    • In Massachusetts, GLAD filed a friend-of-the-court brief on behalf of the Massachusetts Superintendents Association and GLAD in support of a Ludlow public school. Learn more about Foote v. Town of Ludlow.
  • GLSEN Massachusetts is a grassroots initiative, working locally in our community to ensure safe schools for all students, regardless of sexual orientation and gender identity.
  • MassEquality works to ensure that everyone across Massachusetts can thrive each and every day without discrimination and oppression based on sexual orientation, gender identity, or gender expression.
  • The Massachusetts Commission on LGBTQ Youth advocates for effective policies, programs, and resources for LGBTQ+ youth to thrive.
  • The Massachusetts GSA Student Leadership Council creates and informs policy, promotes inclusive learning environments for all students, supports the development of leadership skills, and fosters statewide collaboration among LGBTQ students and allies.
  • PFLAG ​is the nation’s largest organization dedicated to supporting, educating, and advocating for LGBTQ+ people and those who love them.

For more youth-focused organizations, visit Youth Organizations | Massachusetts.

Additional Resources

GLSEN | 2021 National School Climate Survey — Flagship report on the school experiences of LGBTQ+ youth in schools.

MA Commission on LGBTQ Youth | Report and Recommendations for Fiscal Year 2023 — An in-depth report of MA’s educational and legislative policies in relation to LGBTQ+ youth.

Safe Schools Program for LGBTQ Students | Teacher & Administrator Resources — The following documents outline various appropriate guidelines for teachers and administrators who are working with LGBTQ+ youth:

Want to learn more about LGBTQ+ Equality in Massachusetts? Visit the Movement Advancement Project’s Massachusetts Equality Profile.

GLAD Answers

Still have questions? Contact GLAD Answers for free and confidential legal information, assistance, and referrals. Complete the online intake form at GLADAnswers.org, email GLADAnswers@glad.org, or leave a voicemail at 800-455-GLAD.

en_USEnglish
es_MXEspañol de México en_USEnglish
Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognizing you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

To learn more, visit our privacy policy.