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Ten years after the Supreme Judicial Court’s decision in Goodridge v. Department of Public Health made Massachusetts the first state in the U.S. where same-sex couples could marry, Gay & Lesbian Advocates & Defenders (GLAD) will honor the author of that decision, Chief Justice Margaret H. Marshall.

“The decision not only transformed the lives of LGBT people in our Commonwealth, it changed the country, shone light on the lives of LGBT people, and set us all on an amazing journey,” said Lee Swislow, Executive Director of GLAD. “We are thrilled to honor Chief Justice Marshall not only for this eloquent and historic opinion, but for her lifelong commitment to justice for everyone.”

In Goodridge, GLAD represented seven same-sex couples who wished to marry. Civil Rights Project Director Mary Bonauto argued the case before the Supreme Judicial Court on March 4, 2003, and the world-changing decision was issued on November 18, 2003.

Chief Justice Marshall will accept the award at the 14th Annual Spirit of Justice Award Dinner at the Boston Copley Marriot on October 25, 2013. Details about the event are available at https://www.gladlaw.org/events

Read the full press release here.

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Noting a gap in state law that allows discrimination against transgender people in public places, Jennifer Levi, the director of the Transgender Rights Project at Gay & Lesbian Advocates & Defenders (GLAD), testified July 9 before a legislative committee in support of H. 1589/S. 643, the Equal Access Bill.

The Equal Access Bill would add non-discrimination protections for transgender people in public accommodations – effectively all of the places one travels between home, work and school, including public transportation and health care facilities. Current civil rights law already protects transgender people from discrimination in housing, employment, credit and public education, and makes crimes committed against transgender people subject to treatment as hate crimes.

“In July 2011, the General Court added prohibitions against discrimination on the basis of gender identity to many of the Commonwealth’s laws, including the Safe Schools Law, the employment discrimination laws, and the hate crimes laws, among others. It left a void, however, in basic guarantees of equality provided to transgender people,” Levi, a nationally recognized expert on transgender legal issues, told members of the Joint Committee on the Judiciary.

“The void in the current law sends the signal that transgender people’s lives are less worthy than others’,” Levi stated. “It is also bad for business because it means that transgender people may be inhibited from regularly engaging in commerce throughout the Commonwealth.

Levi’s testimony also pointed out that of the 17 states plus the District of Columbia that have a transgender- inclusive non-discrimination law, Massachusetts is the only state that withholds protections for transgender people in the area of public accommodations.

Her testimony also addressed the issue of access for transgender people to public restrooms and locker rooms, which are also public accommodations.

Noting that some believe concern about allowing transgender people to use facilities that match their gender identity is what caused the legislature to exclude public accommodations protections from the 2011 Transgender Equal Rights Law, Levi called such reasoning “unfortunate and unprincipled.” She pointed out that the employment and education provisions of the law have no exclusions, which means that transgender employees and transgender students can access the restrooms consistent with their gender identity at work or school.

The Joint Committee on the Judiciary now must vote on whether to pass the Equal Access Bill out of committee and onto the full House and Senate for debate.

Read Levi’s written remarks here

Through strategic litigation, public policy advocacy, and education, Gay & Lesbian Advocates & Defenders works in New England and nationally to create a just society free of discrimination based on gender identity and expression, HIV status, and sexual orientation.

GLAD’s Legal InfoLine operates Monday-Friday from 1:30-4:30 p.m. at 1-800-455-4523.

Gill v. Office of Personnel Management

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On June 26, 2013 the U.S. Supreme Court ruled DOMA Section 3 unconstitutional in Windsor v. United States.

For complete details about this case, the plaintiffs,and all legal documents, visit https://www.gladlaw.org/doma

August 2, 2012 – GLAD filed a brief in response to the petitions for a writ of certiorari by the Bipartisan Legal Advisory Group (BLAG) and the Department of Justice (DOJ).

August 2, 2012—The Eagle Forum Education & Legal Defense Fund and the Attorney Generals of 15 states filed amici briefs in support of the Petition for a Writ of Certiorari by the Bipartisan Legal Advisory Group (BLAG).

July 3, 2012 – The Department of Justice filed a petition for certiorari in the United States Supreme Court.

June 29, 2012 – House Leadership via the Bipartisan Legal Advisory Group (BLAG) filed a petition for certiorari in the United States Supreme Court.

May 31, 2012 – U.S. Court of Appeals for the First Circuit unanimous ruling upholding District Court decision finding section 3 of DOMA unconstitutional

GLAD filed a petition for en banc review in the First Circuit on June 21, 2011. On July 7, the Department of Justice joined our request for en banc review.

February 25, 2011 — Update: The Department of Justice followed Wednesday’s withdrawal from two DOMA cases in the Second Circuit, including GLAD’s Pedersen v. OPM by notifying the clerk of the First Circuit that they will also “cease to defend” the two consolidated DOMA cases, Gill v. Office of Personnel Management and Massachusetts v. HHS.

October 12, 2010 — Update: The federal government filed notice it is appealing the July 8, 2010 U.S. District Court ruling to the U.S. Court of Appeals for the First Circuit.

July 8, 2010 — Update: U.S. District Court decision holds that DOMA violates the equal protection principles embodied in the Due Process Clause of the Fifth Amendment, July 8, 2010.

February 16, 2010 — Update: GLAD filed our Plaintiff’s Reply Memo in Support of our Motion for Summary Judgment, February 16, 2010.

January 29, 2010 — Update: The Government filed their opposition to our Motion for Summary Judgment on January 29, 2010.

November 17, 2009 — Update: On November 17, 2009, GLAD filed a motion in opposition to the government’s Motion to Dismiss, and filed a Motion for Summary Judgment in the case.

July 31, 2009 — Update: GLAD filed an amended complaint in the Gill suit on July 31, 2009.

July 8, 2009 — On July 8, 2009, the Commonwealth of Massachusetts filed suit challenging DOMA Sec 3.

June 31, 2009 — On May 27, 2009, as a result of GLAD’s legal challenge on behalf of Gill plaintiffs Keith and Al Toney, the U.S. State Department announced a change in policy regarding the issuance of passports to people who have changed their name after marrying someone of the same sex, so that they may now receive a passport in their new name. Keith applied for his new passport on June 22.

On March 3, 2009, GLAD filed the first concerted, multi-plaintiff legal challenge to Section 3 of the federal Defense of Marriage Act (DOMA).

Gill et al. v. Office of Personnel Management et al. targets the denial of certain federal rights and protections to married same-sex couples in Massachusetts. GLAD lawsuits brought marriage equality to Massachusetts (2004) and Connecticut (2008), the only states where same-sex couples can currently legally marry. This suit, filed today in federal District Court in Boston, addresses the use of DOMA Section 3 to deny spousal protections in Social Security, federal income tax, federal employees’ and retirees’ benefits, and in the issuance of passports.

Passed in 1996, DOMA Section 3, now codified at 1 U.S.C. section 7, limits the marriages the federal government will respect to those between a man and a woman. Section 2 of DOMA, not at issue in this lawsuit, allows states to establish public policies about what marriages they will and will not respect.

GLAD argues that DOMA Section 3 violates the federal constitutional guarantee of equal protection as applied to federal income tax, Social Security, federal employees and retirees, and in the issuance of passports. GLAD also contends that DOMA Section 3 is an unprecedented intrusion by the federal government into marriage law, always considered the province of the states.

The plaintiffs are eight married couples and three widowers, each of whom is currently eligible for a federal program. Each has applied for a benefit under that program and was denied because of DOMA Section 3.

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Senior Attorney and leader of GLAD’s Youth Initiative Vickie Henry testified May 30 before the Massachusetts joint House and Senate Education Committee in support of An Act Relative to Bullying in Schools. The proposed legislation would make much needed improvements to the state’s anti-bullying law by adding important provisions for enumerating protected classes – including LGBTQ students; for tracking and reporting bullying behavior; and for conducting a student school climate survey.

In her testimony, Vickie spoke of the direct information GLAD has received over the past year about the harmful impact bullying based on sexual orientation and gender identity continues to have on students.

“I have met the youth behind the bullying statistics. Over the past year, my colleagues and I have traveled across Massachusetts speaking to more than two thousand youth and educators. At every talk we give about the legal rights of LGBTQ students, we hear from students and families that many students are specifically targeted for bullying because of their sexual orientation or gender identity or expression. GLAD also receives calls regularly from our about LGBTQ youth who are being bullied.”

You can read Vickie Henry’s full testimony here.

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“This is a year of great momentum for the LGBT community and each one of us has the power to make it even greater. We can’t be satisfied until every member of our community can live freely and equally. If you support the LGBT organizations that matter most to you on Give OUT day, we’ll move ever closer to making that dream a reality.” – Lee Swislow, GLAD Executive Director

To support GLAD on Give OUT Day, submit your donation May 9 at www.GiveOUTDay.org and Tweet with the hashtag #GiveOUT. You can also schedule your donation in advance.

BOSTON – Nine local nonprofit organizations will participate in Give OUT Day, the very first national initiative to mobilize thousands of donors across the country to give in support of the Lesbian, Gay, Bisexual, Transgender & Queer (LGBTQ) nonprofit community on May 9. The day is organized by Bolder Giving, in partnership with the Kevin J. Mossier Foundation and Forward Motion.

“Give OUT Day aims to raise awareness of the need to support LGBTQ nonprofits and elevate the level of LGBTQ philanthropy,” stated Bolder giving Executive Director Jason Franklin.

According to Give OUT Day Coordinator Noris Chayarria, Give OUT Day centers on a new giving design – the power of social media and online giving in a 24-hour donation challenge arena. Massachusetts organizations including MassEquality, Fenway Health, The Theater offensive, The Network/La Red, Gay & Lesbian Advocates & Defenders (GLAD), Bisexual Resource Center, Family Equality Council, Hispanic Black Gay Coalition (HBGC), and North East Transwomen’s Alliance Inc. (NETA), join more than 400 organizations from all 50 states, D.C. and Puerto Rico, all participating in Give OUT Day.

“This is a year of great momentum for the LGBT community and each one of us has the power to make it even greater,” said Lee Swislow, executive director of GLAD. “But we can’t be satisfied until every member of our community can live freely and equally. If you support the LGBT organizations that matter most to you on Give OUT day, we’ll move ever closer to making that dream a reality.”

“MassEquality has a history of being at the forefront of the LGBTQ movement, and we are proud to continue that tradition by participating in this innovative national campaign to raise funds for LGBTQ nonprofits,” said MassEquality Executive Director Kara Suffredini. “We are happy to stand with our fellow Massachusetts LGBTQ organizations to help each other advance equality in our state. MassEquality remains dedicated to ensuring that all people are equal, safe and free, from cradle to grave.”

“Give OUT Day is a great way to support the LGBT organizations in MA you care about, as well as to learn more about LGBT organizations across the country. You can learn about who supports them and why, which may inform your philanthropy as you think about participating in Give OUT Day,” said Timothy Harwood, vice president of development at Fenway Health.

Abe Rybeck, executive artistic director for The Theater Offensive: OUT in Your Neighborhood, remarked, “Bombs rocked our office and rehearsal space on 4/15, then closed them for nine days as a crime scene. While we’re heartened by the philanthropic response for individuals injured in the attack, Give OUT Day can help us make long-lasting, creative change for folks in our neighborhoods who face life-threatening bigotry and violence every day. It is important for us to continue to work together to build a stronger community and deepen our connection to our neighbors to bring bold, OUT theater.”

“Family Equality Council is proud to participate in Give OUT Day,” said Brent Wright, director of programs. “Our work to connect, support and represent families with LGBT parents and their children, both in Massachusetts and across the country, would not be possible without a strong community of support. We are honored to stand with our partners in Massachusetts to raise awareness and support for all our work.”

“Massachusetts is a leader in LGBTQ advocacy, and donations are a critical tool for getting our work done,” noted Robyn Ochs, a co-founder of the Bisexual Resource Center and a donor to several organizations participating in Give OUT Day I hope that lots of people will step up to the plate and give what they can.”

“The Network/La Red is excited to be part of this grassroots campaign to raise funds for our communities from our communities,” stated Beth Leventhal, executive director of The Network/La Red. “Our work to end LGBQ/T domestic violence does not happen in isolation, and we are proud to partner with organizations around Massachusetts and around the country in this effort to advance all of our work.”

“Without the generous giving of individuals invested in our mission, HBGC would not be able to provide critical resources and services to Boston’s Latino and Black LGBTQ community. We’re excited to participate in Give OUT Day and help increase the visibility and sustainability of so many LGBTQ organizations doing great work nationwide,” noted Corey Yarbrough, executive director and co-founder of HBGC.

Lillith Ann Ponticelli, president of NETA, added, “I think this is an awesome groundbreaking opportunity to network and collaborate with other local organizations to further the cause in the LGBTIQ community.”

To participate in Give OUT Day, submit your donation to one of these nine Massachusetts-based nonprofits on Give OUT Day, visit www.GiveOUTDay.org on May 9 and Tweet with the hashtag #GiveOUT.

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In a case highlighting both the clear need for anti-discrimination protections for transgender people in public accommodations, and the critical issue of LGBT youth homelessness, GLAD filed a complaint March 22 with the Massachusetts Commission Against Discrimination (MCAD) on behalf of a young transgender woman who was denied appropriate access to the women’s dormitory at a local homeless shelter.

Ms. Doe shared her experience at the area shelter with staff members at the Boston GLASS community center, who put her in touch with GLAD to explore legal options for addressing the mistreatment she faced.

Ms. Doe resided at the shelter between June and September of 2012. Upon her initial arrival, she asked for a bed in the women’s dormitory. When the staff learned that she is a transgender woman, they refused her access, and instead housed her in a segregated room designated for storage of donated clothing. There was no bed in the room, and Ms. Doe had to sleep on a mat on the floor. She also describes the room as being “unkempt and dirty,” and lacking air conditioning, which was available in the women’s dorm.

In addition to being segregated and subjected to substandard conditions, the discrimination Ms. Doe faced at the shelter also barred her from accessing additional services offered there, including a long-term housing and substance abuse recovery program.

Because current case law is split as to whether homeless shelters are housing accommodations or public accommodations, GLAD Attorney Allison Wright assisted Ms. Doe in filing a complaint against the shelter for both housing discrimination on the basis of gender identity and sex, and public accommodations discrimination on the basis of sex.

“Gender identity is currently not protected in public accommodations in Massachusetts,” says Wright. “But Ms. Doe’s experience of being denied both fair housing and access to critical services from which she could have benefited clearly points to the need for such protections for transgender people in Massachusetts. The high rate of homelessness among LGBT youth, and particularly LGBT youth of color, should encourage the Commonwealth to do everything in its power to protect and assist young people in Ms. Doe’s situation.”

The complaint seeks monetary damages for Ms. Doe and policy changes at the shelter.

“The treatment Ms. Doe faced is not uncommon,” says GLAD Transgender Rights Project Director Jennifer Levi. “Even when shelter staff have some competency on LGBT issues, they often don’t have clear information on how to treat transgender clients fairly. We are hoping one result of this complaint will be a model policy that can be used at shelters throughout the state to improve conditions for transgender people.”

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GLAD filed an amicus brief in an appeal challenging the Massachusetts District Court ruling that the Commonwealth cannot deny an incarcerated transgender woman, Michelle Kosilek, gender reassignment surgery that multiple doctors determined is essential medical care for her.

At the heart of the District Court decision in Kosilek v. Spencer was a finding that, despite GRS being established medical care, and despite the right of prisoners to necessary medical care being widely settled under the constitution, the Department of Corrections (DOC) “engaged in a pattern of pretense, pretext and prevarication,” to deny Michelle Kosilek the treatment that every DOC doctor to evaluate her had prescribed.

That pattern of pretense, pretext, and prevarication, GLAD believes, cannot be allowed to erode core constitutional commitments to the health and safety of anyone who is incarcerated including, in this case, a transgender woman serving a life sentence.

GLAD’s brief describes the pervasive stigma and discrimination associated with transgender people in general, and with gender reassignment surgery, specifically.

Read the brief.

Kosilek v. O’Brien (formerly Spencer)

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May 4, 2015 – The U.S. Supreme Court has declined to hear the case. The denial marks the end of the road legally in Kosilek’s lengthy struggle to receive appropriate care while in prison. “This is a terrible and inhumane result for Michelle,” said GLAD Transgender Rights Project Director Jennifer Levi in a statement. “But it is just a matter of time before some prison somewhere is required to provide essential surgery, meeting the minimal Constitutional obligations of adequate medical care for transgender people in prison.” Read more.

April 15, 2015 – A respected group of Civil Procedure Scholars, including University of Pennsylvania Law School Professor Tobias Barrington Wolff as counsel of record, filed an amicus brief in support of Kosilek’s petition for cert. The brief supports the assertion made in the petition that with its December 2014 en banc ruling the First Circuit Court of Appeals overstepped its role, improperly retried the facts of the 2012 trial, and applied the wrong standard of legal review.

A second amicus brief was filed by the World Professional Association for Transgender Health (WPATH) citing the established professional consensus in the medical and mental-health communities that in appropriate cases sex reassignment surgery (SRS) is medically necessary care for management of gender dysphoria. The brief asserts that with its December 2014 en banc ruling the First Circuit Court of Appeals departed from accepted principles for evaluating the propriety of medical evidence.

March 16, 2015 – GLAD, attorney Joseph L. Sulman, and Goodwin Procter LLP have filed a petition for certiorari to the U.S. Supreme Court . The petition asserts that the First Circuit Court of Appeals overstepped its role with its December 2014 en banc ruling that, in vacating the earlier panel decision favorable to Kosilek, improperly retried the facts of the 2012 trial, and applied the wrong standard of legal review. Read more

(Note: the petition for cert was filed as Kosilek v. O’Brien, Commissioner of the Massachusetts Department of Correction)

Update, December 16, 2014 – The full First Circuit Court of Appeals reversed the earlier ruling that the Commonwealth of Massachusetts must provide Michelle Kosilek, an incarcerated transgender woman, medically-necessary gender reassignment surgery. Read GLAD’s statement.

Update, March 2014 – GLAD submitted a brief to the First Circuit Court of Appeals for the rehearing en banc.

Update, February 2014 – The Commonwealth’s request for rehearing en banc was granted by the Court granted by the Court. Oral argument is set for May 8.

January 17, 2014 – GLAD welcomed the First Circuit Court of Appeals ruling that the Commonwealth cannot deny Michelle Kosilek, an incarcerated transgender woman, gender reassignment surgery to treat her severe gender identity disorder. Read GLAD’s full statement on the ruling and see Kosilek v. Spencer: Questions and Answers.

The case was argued before the Court of Appeals for the First Circuit on April 2, 2013, after the Commonwealth appealed Wolf’s ruling. Joseph L. Sulman and David Brody of the Law Office of Joseph L. Sulman are representing Kosilek.

Kosilek was denied reassignment surgery by the Department of Corrections (DOC) against the recommendations of multiple doctors hired by DOC. In ruling last fall that DOC violated Kosilek’s 8th amendment right to freedom from cruel and unusual punishment, District Court Judge Mark L. Wolf found that DOC engaged in a pattern of “pretense, pretext and prevarication” to deny her treatment.

That pattern of pretense, pretext, and prevarication, GLAD believes cannot be allowed to erode core constitutional commitments to the health and safety of anyone who is incarcerated including, in this case, a transgender woman serving a life sentence. The denial of necessary medical care to Michelle Kosilek amounted to nothing more than transgender exceptionalism.

Like the district court before it, the First Circuit affirmed in it’s ruling that constitutional rights belong to everyone.

GLAD filed an amicus brief in the appeal describing the pervasive stigma and discrimination associated with transgender people in general, and with gender reassignment surgery, specifically – and has since taken on the role of co-counsel in the case following the departure of Kosilek’s long-term attorney, Frances S. Cohen, from her firm Bingham McCutcheon.

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The Department of Elementary and Secondary Education (DESE) on Feb. 15 issued comprehensive guidelines that aim to ensure Massachusetts public schools comply with the new transgender non-discrimination law that prohibits discrimination against transgender students in all school programs and activities.

Among the areas that the DESE guidelines address are:

The proper use of names and pronouns for transgender students
Privacy and confidentiality policies for transgender students
Appropriate names and gender markers on student records, including diplomas
Appropriate access to restrooms and locker rooms
Physical education and athletic participation
Education and training for teachers about transgender students

The guidelines, which can be read here, were praised by an array of advocates, educators, families and youth.

“The guidelines offer practical, expert advice to ensure that transgender students have equal educational opportunities including the chance to learn in a safe, affirming environment,” said Jennifer Levi, director of GLAD’s Transgender Rights Project. “GLAD applauds DESE for issuing commonsense guidance and for taking leadership in ensuring schools’ compliance with the new law.”

“This very practical guidance answers the questions we hear over and over, giving schools, parents, and students a blueprint for implementing change,” said Deborah Peeples, board president of Greater Boston PFLAG and the parent of a transgender youth. “As primary advocates, parents and families need to know how we can expect schools to handle critical issues like proper name and pronoun usage, privacy, and access to both appropriate facilities and opportunities. It’s much easier to move forward when we’re all on the same page and working together. Kudos to the DESE.”

“Coming out as transgender in school is such a difficult process and being unable to be out and feel safe is detrimental to a person’s education,” said Carter Blake – now 23 – who is a graduate of Dorchester High School and transgender. “I think these guidelines, which will help schools make transgender students feel safe and respected, will make a real difference in the lives of transgender kids across our state, and that’s a good thing.”

“Research shows that transgender and gender non-conforming students suffer higher rates of verbal harassment, physical harassment, and physical assault in school. We also know that there is a lot of misunderstanding about transgender students and that some schools may not have the internal expertise to address all issues of concern as they arise,” said Gunner Scott, executive director of the Massachusetts Transgender Political Coalition. “MTPC is grateful to DESE for issuing such practical guidance and identifying the steps that schools can take to create a safer and more welcoming environment for transgender youth in our Commonwealth’s schools.”

“Transgender students, like all students, need a school environment where they are treated fairly and respectfully so that they can focus on getting the education that they need and deserve,” said Grace Sterling Stowell, the executive director of Boston Alliance of GLBT Youth (BAGLY). “The DESE guidance gives our public schools the tools to create just that environment.”

“We commend the Department of Elementary and Secondary Education for the speedy release of guidance that spells out in no uncertain terms the protections assured to transgender and gender nonconforming students in Massachusetts,” said Julian Cyr, chair of the Mass. Commission for GLBT Youth. “Under Governor Patrick’s leadership, state agencies continue to close gaps in service delivery and education policy that persist for LGBT youth in the Commonwealth. This guidance is an important step toward leveling the playing field for transgender students.”

“This guidance from DESE is going to make an immediate difference in the lives of transgender students, who desperately need protection and leadership from our schools,” said Kara Suffredini, executive director of MassEquality. “We appreciate DESE’s role in making sure that transgender students across our Commonwealth have the same educational opportunities that all students in our public schools enjoy.”

“As a former high school teacher, I know the vast majority of educators are well-intentioned and want to create a climate of respect and safety so that all of their students can reach their full potential,” said Arthur Lipkin, who spent 20 years teaching in Cambridge’s school system.

“As a long-serving member of the Mass. Commission for GLBT Youth, I also know that there is a learning curve on the part of many educators on transgender issues. The guidance gives them important tools to provide properly for the safety and educational needs of transgender students, and I commend DESE for its leadership in creating it. Of course, the results will depend on the resources made available to schools for technical assistance and training. We need to be vigilant and constructive.”

The Transgender Equal Rights Law, officially titled “An Act Relative to Gender Identity,” was passed by the Legislature and signed into law by Gov. Deval Patrick in November 2011. It took effect in July 2012. The law prohibits discrimination against transgender people in the areas of employment, housing, credit, and education. It also amended the state’s definition of a hate crime to include crimes motivated by prejudice against a person’s gender identity.

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Among the areas that the guidelines address are:

The proper use of names and pronouns for transgender students

Privacy and confidentiality policies for transgender students

Appropriate names and gender markers on student records, including diplomas

Appropriate access to restrooms and locker rooms

Physical education and athletic participation

Education and training for teachers about transgender students

“As a former high school teacher, I know the vast majority of educators are well-intentioned and want to create a climate of respect and safety so that all of their students can reach their full potential,” said Arthur Lipkin, who spent 20 years teaching in Cambridge’s school system.

You can read the guidelines here.