Public Accommodations | Discrimination | Massachusetts

What is a “place of public accommodation”?

A place that holds itself open to, and accepts the patronage of the general public is a place of public accommodation subject to Massachusetts non-discrimination laws (Mass. Gen. Laws, chap. 272, sec. 92A). This definition is intentionally broad and may include a motel, restaurant, rest area, highway or hospital, as just a few examples.

What does the law say about discrimination in places of public accommodation?

Such places may not discriminate, or make any distinctions, or impose any restrictions because of a person’s sexual orientation or gender identity. “[W]hoever aides or incites” such discriminatory treatment may also be penalized under the law (Mass. Gen. Laws, chap. 272, sec. 98).

Example: women, who were attacked by a used car dealer when he realized they were lesbians, stated a claim under the law and were awarded damages in a settlement.

Example: two women who kissed on a bus and were then forced off of the bus by the driver were protected by the law because the driver did not order off of the bus a heterosexual couple who were kissing were awarded damages (Rome v. Transit Express, 19 Mass. Discrim. Law Rptr. (M.D.L.R.) 159 (1997), affirmed, 22 M.D.L.R. 88 (2000)).

Example: couples who were forcibly ejected from a night club because customers were uncomfortable with their being physically affectionate were awarded damages (Stoll et al. v. State Street Stock Exchange, Inc., 18 M.D.L.R. 141 (1996)).

Does Massachusetts have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in places of public accommodation?

Yes. Since 1990, Massachusetts has prohibited discrimination based on sexual orientation in public and private employment, housing, public accommodations, credit, and services (see generally Mass. Gen. Laws, chap. 151B). Other areas of the law (e.g. education and insurance) also prohibit discrimination based on sexual orientation.

Recently, these laws have been extended to protect transgender people. In 2011, Governor Deval Patrick signed a historic executive order prohibiting discrimination based on gender identity and expression in state employment (Mass. Exec. Order. No. 526 (Feb. 17, 2011), MA Executive Order 526). In 2012, Massachusetts amended its anti-discrimination laws to prohibit discrimination based on gender identity in public and private employment, housing, credit, education, and services—but not public accommodations. Finally, in 2016, Massachusetts passed the long-awaited transgender public accommodations bill, protecting transgender people from discrimination in restaurants, libraries, hotels, malls, public transportation, and beyond (Mass. Gen. Laws, chap. 272, secs. 92A, 98). For further information about the bill, see GLAD’s MA Public Accommodations Q&A, at www.gladlaw.org/current/post/ma-public-accommodations-q-a.

In June 2024, Massachusetts Attorney General Andrea Joy Campbell released an updated “Protections Against Discrimination in Places of Public Accommodation” guide that includes specific information about how transgender and nonbinary people are protected by the law in public spaces, including gender-specific restrooms. Read the FAQ.

Do the laws also protect people perceived to be LGBTQ+ in places of public accommodation?

Yes. Massachusetts non-discrimination law defines “sexual orientation” as “having an orientation for or being identified as having an orientation for heterosexuality, bisexuality or homosexuality” (Mass. Gen. Laws, chap. 151B, sec. 3(6)). This language has been interpreted to include discrimination based on perception. For example, if a person is fired because they are perceived to be gay, they may invoke the protection of the anti-discrimination law regardless of their actual orientation.

Similarly, the law defines “gender identity” as:

[A] person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth… (Mass. Gen. Laws, chap. 4, sec. 7(59) (emphasis added)).

What protections exist for transgender people in places of public accommodation?

In 2016, Massachusetts passed the transgender public accommodations law, making gender identity an explicitly protected class. This means that transgender people are protected against discrimination in public accommodations, and may file a complaint against any person or entity perpetuating said discrimination.

How do I file a complaint of discrimination under Massachusetts law?

You may file in person or in writing at the Massachusetts Commission Against Discrimination (MCAD). The MCAD prefers for people to file in person, unless an attorney has prepared the complaint for them. Call in advance to set up an appointment and find out what you need to bring.

Boston: (617) 994-6000, One Ashburton Place, Room 601.

Springfield: (413) 739-2145.

Worcester: (508) 799-8010.

The complaint must be under oath, state the name and address of the individual making the complaint (“the complainant’) as well as the name and address of the entity he or she is complaining against (“the respondent”). The complaint must set out the particulars of the alleged unlawful acts and (preferably) the times they occurred.

Do I need a lawyer?

No. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout the process. Not only are there many legal rules governing the MCAD process, but employers and other defendants are likely to have legal representation.

What are the deadlines for filing a complaint of discrimination?

Complaints of discrimination must be filed at the MCAD within 300 days of the last discriminatory act or acts. There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.

What happens after a complaint is filed with the MCAD?

The MCAD assigns an investigator to look into your case. The parties may engage in limited “discovery” – a legal process which allows the other side to examine the basis of your claim and allows you to examine their justifications and defenses. This is conducted through written questions (interrogatories), requests for documents, and depositions. Ultimately, if the case is not dismissed for technical reasons, a Commissioner will decide if there is probable cause to credit your allegations.

If probable cause is found in an employment, credit, services, or public accommodations case, the case will be sent for “conciliation” or settlement proceedings. If negotiations fail to produce a settlement agreeable to all parties, the case proceeds further with more discovery and possibly a trial type hearing.

Even before probable cause is determined in a housing case, the MCAD may go to court to seek an order forbidding the respondent from selling, renting, or otherwise disposing of the property at issue while the case is pending. Once probable cause is found, the respondent must be notified of its right to have its case heard in court rather than at the MCAD (33 Mass. Gen. Laws, chap. 151B, sec. 5).

If probable cause is found lacking, the case is over unless you appeal the “lack of probable cause” finding. There are special rules and
time constraints on appeals within the MCAD that must be observed strictly.

What are the legal remedies the MCAD may award for discrimination if an individual wins their case there?

The remedies for a successful complainant may include, for employment cases, hiring, reinstatement or upgrading, backpay, restoration in a labor organization, and front pay. In housing cases, remedies may include damages (expenses actually incurred because of unlawful action related to moving, storage, or obtaining alternate housing) and civil fines to be paid to the state. In public accommodations cases, the MCAD may order civil fines to be paid to the state. In all cases, the remedies may also include emotional distress damages, attorneys’ fees, cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws (e.g. training programs, posting of notices, allowing person to apply for credit on nondiscriminatory terms, allowing person non-discriminatory access to and use of services).

Can I also file a complaint a discrimination complaint with a federal agency?

Yes, in many cases. Federal employment non-discrimination law, called Title VII, applies to employers with at least 15 employees. Complaints must be filed within 180 days of the discriminatory act with the Equal Employment Opportunity Commission (EEOC). However, if you initially institute your complaint with MCAD and indicate that you wish to have the complaint cross-filed with the EEOC, then the time limit is extended to the earlier of 300 days or 30 days after MCAD has terminated the case (United States Code 42 sec. 2000e-5(e)(1)). (People who work for federal agencies are beyond the scope of this publication.)

Someone who brings a claim of discrimination may sometimes pursue protections under both state and federal law. This is true because there may be overlapping provisions of state and federal law. For example, Title VII forbids employment discrimination based on race, sex, age, religion, and disability (which includes HIV status), but does not expressly forbid discrimination based on “sexual orientation” or “gender identity.”

Recently, however, a growing number of courts and government agencies have taken the position that Title VII’s proscription against sex discrimination encompasses discrimination on the basis of sexual orientation or gender identity (See, e.g., United States & Dr. Rachel Tudor v. Southeastern Oklahoma State University, 2015 U.S. Dist. LEXIS 89547 (2015) (denying motion to dismiss professor’s Title VII complaint that school had subjected her to a hostile work environment based on her gender identity)). In two separate decisions in 2012 and 2016, the EEOC itself concluded that sexual orientation discrimination, gender identity discrimination, and sex discrimination are one and the same, since the latter two are based on preferences, assumptions, expectations, stereotypes, and norms associated with masculinity and femininity (See Macy v. Holder, EEOC Appeal No. 0120120821 (Apr. 20, 2012); Baldwin v. Foxx, EEOC Appeal No. 0120133080 (July 15, 2015)). Although the EEOC’s decisions are not binding on the courts, many have used similar reasoning in affirming Title VII’s applicability to discrimination based on gender identity and sexual orientation (See, e.g., Smith v. City of Salem, 378 F.3d 566 (6th Cir. 2004) (holding that Title VII prohibits discrimination against transgender people based on gender stereotyping); Videckis v. Pepperdine Univ., 150 F. Supp. 3d 1151, 1160 (C.D. Cal. 2015) (holding “sexual orientation discrimination is a form of sex or gender discrimination”)).

GLAD recommends that, where there may be overlapping state and federal jurisdiction, you explore filing with MCAD first but keep in mind the possibility of pursuing a federal claim as well. If you have a sexual orientation or gender identity complaint, you should check off “sex” as well as “sexual orientation” or “gender identity” as the bases for your claim and request that MCAD cross-file your complaint with the EEOC.

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

Local Agencies: Several cities and towns have their own local non-discrimination laws and agencies with which you can file a complaint in addition to filing at the MCAD. Sometimes the MCAD allows the local agency to investigate the case instead of the MCAD, which might produce advantages in time and accessibility of staff. Cambridge and Boston have the most developed local agencies, although Newton, Somerville, Worcester and Springfield also have some staff for certain kinds of complaints. Even if you file with the local agency, you must still file with the MCAD within 300 days of the last act of discrimination in order for your case to be processed at all.
State or Federal Court: After filing with the MCAD or EEOC, or both, as discussed above, a person may decide to remove their discrimination case from those agencies and file the case in court. There are rules about when and how this must be done (See e.g., Mass. Gen. Laws, chap. 151B, sec. 9).

In addition, you may wish to file a court case to address other claims which cannot be appropriately handled by discrimination agencies. For example, if you are fired in violation of a contract, or fired without the progressive discipline promised in a handbook, or fired for doing something the employer doesn’t like but which the law requires, these matters are beyond the scope of what the agencies can investigate and instead the matter should be pursued in court. Similarly, if your claim involves a violation of constitutional rights—for instance, if you are a teacher or governmental employee who believes your free speech or equal protection rights were violated—then those matters must also be heard in court.

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLADAnswers at www.GLADAnswers.org or by phone at 1-800-455-4523 (GLAD) any weekday to discuss options.

As a general matter, people who are still working with or residing under discriminatory conditions have to evaluate how filing a case will affect their job or housing, and if they will be able to handle those possible consequences. Of course, even if a person has been fired or evicted, they may decide it is not worth it to pursue a discrimination claim. This is an individual choice, which should be made after gathering enough information and advice to make an informed decision.

Second Parent Adoption | Massachusetts

Home » Massachusetts » Page 9

Can same-sex partners together adopt a child in Massachusetts?

Yes, ever since court rulings by the Supreme Judicial Court in 1993 (Adoption of Tammy, 416 Mass. 420 (1993) and Adoption of Susan, 416 Mass. 1003 (1993)).

What are joint and second parent adoptions?

A joint adoption is when both partners adopt a child together at the same time. A second parent adoption is when one partner adopts the other partner’s biological child.

What is the advantage of doing a second parent or joint adoption?

Both joint adoptions and second parent adoptions ensure your child has two legal parents, which often provides greater comfort and security to everyone involved.

Depending on your particular family situation, the law may not recognize both partners as legal parents without an adoption. In these cases, the non-legal parent needs special permission to make medical decisions for the child or attend school meetings, and is at risk of losing custody if the couple splits up.

Adoption allows a non-legal parent to become a legal parent, entitled to make decisions for the child without special authorization. It also permits the adoptive parent to automatically assume custody of the child if their partner dies. Likewise, if the adoptive parent dies, the child will have the right to inherit from them even absent a will, and may be able to collect social security survivor benefits.

Finally, if the couple separates, adoption ensures that both parents have the right to custody and visitation, and that any disputes will be decided based on what is in the best interests of the child rather than on who is the legal parent.

Who is a legal parent?

A biological parent who has a relationship with their child is a legal parent. An adoptive parent is similarly a legal parent.

Even without a biological or adoptive connection, certain individuals are presumed to be legal parents by law. For instance, a child born to a married couple is presumed to be the child of both partners (Mass. Gen. Laws, chap. 209c, sec. 6(a)(1)). This includes same-sex couples (see e.g., Hunter v. Rose, 463 Mass. 488 (2012) (applying parentage presumption to a child born to two married women)).

Similarly, a child born to an unmarried couple is presumed to be the child of both partners so long as the couple jointly “receive[s] the child into their home and openly [hold] out the child as their child” (Mass. Gen. Laws, chap. 209c, sec. 6(a)(4). See also the Partanen MA case v. Gallagher 475 Mass. 632 (2016) (holding that a non-biological same-sex parent could bring a claim for parentage under the statute)). Essentially this means that the couple and the child live together as a family, with both partners acting as co-parents. In a groundbreaking 2016 case brought by GLAD, the Massachusetts Supreme Judicial Court held that this presumption applies equally to unmarried same-sex couples. That case, Partanen MA case v. Gallagher (475 Mass. 632 (2016)), established that even a non-biological parent can take advantage of the presumption, recognizing that a biological connection “is not a sine qua non to the establishment of parentage [in Massachusetts]” (Id. at 640).

Finally, Massachusetts has a process by which unmarried parents can establish parentage by signing a voluntary acknowledgment of parentage (VAP) and filing it with the state office of vital statistics. Formerly, this form used gendered language (“mother” and “father”), but through GLAD’s intervention same-gender couples can now use it to establish legal parentage. For more information about VAPs, contact GLAD Answers.

Do we need to do a second-parent adoption if we are married, in a civil union, or living together?

A second parent adoption is the best way to ensure the ongoing parental rights of both parents. Even if Massachusetts law presumes you are a legal parent, another state may not respect that presumption if you or your partner moves. By contrast, adoption is a court judgment creating a parent-child relationship and is very likely to be respected by other states, even if these states are otherwise hostile to same-sex couples parenting.

Miller-Jenkins Sidebar

Relying on a partner’s good will, or even on the fact that a child was born into a marriage or civil union, is not the best way to ensure the ongoing rights of both parents if a couple later separates. A case in point is Miller-Jenkins v. Miller-Jenkins. This case has been in litigation since 2004, has involved two state Supreme Courts (Vermont and Virginia), and has already made several trips to the U.S. Supreme Court. Proceedings are ongoing.

In that case, Janet and Lisa had a child, Isabella, while they were in a civil union. Janet did not adopt. After the couple separated, Lisa moved to Virginia and used both the lack of an adoption, and Virginia’s laws hostile to same-sex relationships to thwart Janet’s contact with their daughter. Finally, however, the Virginia courts agreed that the Vermont courts had the authority to make custody and visitation decisions.

After many attempts to get Lisa to allow Janet visitation rights, in November, 2009, the Vermont Family Court issued an order granting Janet responsibility for the day-to-day care of Isabella while granting Lisa liberal visitation rights. The transfer of custody was to have taken place on January 1, 2010. However, Lisa failed to appear at the appointed time, and an arrest warrant was issued. Lisa and Isabella still have not been found.

GLAD and local counsel represented Janet in the Vermont proceedings. For more information about the case, go to www.gladlaw.org/work/cases/miller-jenkins-v-miller-jenkins.

If same-sex parents raise a child together, but only one is the “legal” parent, then what rights does the non-legal parent have vis-à-vis the child?

These are tricky cases, but if the non-legal parent can show that they are a “de facto parent,” they will be entitled to a limited number of rights vis-à-vis their children, including visitation rights.

De facto parents may also have the right to custody (for more information, see Partanen v. Gallagher case at https://www.gladlaw.org/work/cases/partanen-v-gallagher), but the issue has not yet been definitively decided by the courts (see Partanen v. Gallagher 2016 Mass. LEXIS 759 at *22 n.17 (2016) (noting that established case law limits a de facto parent’s privileges)).

How does a non-legal parent prove ‘de facto’ parenthood?

According to the Massachusetts SJC, a de facto parent is “one who has no biological relation to the child, but has participated in the child’s life as a member of the child’s family” (E.N.O. v. L.M.M., 429 Mass. 824, 711 N.E.2d 886, cert. denied, 120 S.Ct. 500 (1999)). To establish de facto parenthood, a parent must:

reside with the child;
perform a share of the caretaking functions (“Caretaking functions” are distinct from “parenting functions.” Caretaking focuses on interactions with a child while, for example, the provision of financial support is a parenting function but not a caretaking one. A.H. v. M.P., 447 Mass. 828, 840 (2006)). at least as great as the legal parent, shaping the child’s daily routine and addressing his developmental needs;
discipline the child, provide for his education and medical care, and serve as a moral guide (Id. at 838).

All of these actions must be performed with the legal parent’s assent (Id).

Regardless of the status of a person’s legal rights, it is critical to remember that children form strong attachments to their parental caregivers regardless of legal labels. Separating a child from a person who has acted as their parent can be a devastating loss for a child. Moreover, court proceedings to establish de facto parenthood will be painful and costly, so anything people can do outside of court to make decisions together about a child’s interests is strongly encouraged. See GLAD’s publication, Protecting Families: Standards for LGBT Families.

Short of second parent adoption, how can a family protect the interests of the child vis-à-vis their non-legal parent?

There are a number of steps which can be taken, although none offer the security of a second parent adoption.

Co-parenting Agreement: A co-parenting agreement is an agreement setting out the parents’ expectations about each other’s roles and their plans in the event of separation, disability, or death. While these agreements may not always be given full effect by courts, which are bound to make custody and visitation decisions based on the child’s best interests, they are important indicators of what the couple believed was in the best interests of the child and may influence a court’s ultimate decision.

Wills: A legal parent may nominate a guardian to take custody of the child upon the parent’s death. These wishes are given strong preference by courts. However, if the child has another legal parent living, then that person will have priority over the nominated guardian.

Co-guardianship: A legal parent may choose to name the non-legal parent as a co-guardian. This process allows the non-legal parent to make the same kinds of decisions for the child that a legal parent makes, including medical decisions. This status is not permanent, and may be revoked by the legal parent.

Power of Attorney: A legal parent may choose to grant the non-legal parent power of attorney over the child, which allows the non-legal parent to make medical or financial decisions. Power of attorney documents should be updated regularly.

Intimate Partner Violence | Massachusetts

Home » Massachusetts » Page 9

What is domestic violence?

In Massachusetts, domestic violence primarily falls under the Abuse Prevention Law (Mass. Gen. Laws., chap. 209A). According to the Abuse Prevention Law, abuse involves any of the following behaviors:

attempting to cause or actually causing physical harm;
placing another person in fear of imminent serious physical harm; and
compelling another person to engage in unwanted sexual activity, either by force, threat, or duress (see Mass. Gen. Laws, chap. 209A, sec. 1).

Do domestic violence laws apply to people in same-sex relationships?

Yes, depending on how serious you and your partner are or were. The Abuse Prevention Law applies to abuse between spouses and ex-spouses, people who are or were residing in the same household, people who have a child together, and people who are or have been in a substantive dating relationship (Mass. Gen. Laws, chap. 209A, sec. 1. See also Abuse Prevention Guidelines, No. 3:02 (Commentary) (“Unmarried persons who live together, or who did so in the past, are also within the court’s jurisdiction under c. 209A, regardless of whether the relationship between them is homosexual, heterosexual, or not sexual”)).

How can the law protect me from an abusive partner?

If a partner or member of your family or household has been abusive, you can file an application with the court requesting a 209A protective order. A 209A order is a court order prohibiting the abusive person from engaging in certain behaviors, such as contacting you or coming within a certain distance of your home. You can also request that your address be ‘impounded’, i.e. kept confidential and not disclosed to your abuser. Finally, a 209A order may compel the abusive person to do things like pay temporary financial support to you or your children, or compensate you for medical expenses. Violations of a 209A order are criminal offenses and can result in the immediate arrest of the abuser.

Depending on the circumstances, a 209A order may compel your abuser to do any number of the following:

refrain from abusing you further;
refrain from contacting you directly, indirectly, by telephone, letter, or through any third party;
move out of your home, if they live with you;
stay away from your residence, workplace, family’s home, or school;
temporarily relinquish custody of any minor children;
provide you temporary financial support;
surrender keys to the household;
surrender firearms (Obtaining, Enforcing and Defending Chapter 209A Restraining Orders § 1.4 (2012)).

A 209A order can be granted for a maximum of one year, and can be renewed if necessary. 209A orders do not restrict the activity of the survivor.

How do I get a 209A protective order?

209A protective orders are available free of cost. You can request a 209A order at the District Court near where you live, the Probate and Family Court in your county, or the Superior Court in your county. If you live in Boston, you can also go to the Boston Municipal Court. You can get the necessary forms from the clerk at the courthouse, or from the court’s webpage. In emergency situations after normal business hours, orders may be obtained at a police station.

Temporary 209A orders are generally issued upon request, provided there is a credible allegation of abuse and the Abuse Prevention Law covers the relationship between the survivor and the offender. These orders are good for ten days. The court will then schedule a hearing within the ten day window, during which the order can be extended for up to one year. The survivor is required to be present at the extension hearing, but the defendant can choose not to attend. Although a lawyer is not needed for a 209A order, obtaining counsel may be helpful in certain cases, particularly if you believe your abuser is going to contest the order.

If I go to court, will I ‘out’ myself?

Not necessarily. The courts try to be sensitive to the fact that some people seeking orders may be closeted, or may be in a same-sex relationship that they do not want revealed.

Where can I go to get help?

In addition to the local police and district attorney, you can call the Violence Recovery Program at 1-800-834-3242 (toll free in MA), the Network La Red at (617) 742-4911, and Jane Doe, Inc. at (617) 248-0922.

Does domestic violence play a role in custody decisions?

Yes. Evidence that a parent has abused or is currently abusing their child or partner is evidence that said parent is not acting in the best interests of the child. If there is a pattern of abuse, or even one serious incident of abuse, a rebuttable presumption arises in the law that it is not in the child’s best interests to be placed in sole custody, shared legal custody, or shared physical custody with the abusive parent (Mass. Gen. Laws, chap. 208, sec. 31A).

Marriage | Massachusetts

Home » Massachusetts » Page 9

Can same-sex couples marry in Massachusetts?

Yes. In an historic decision, the Massachusetts Supreme Judicial Court ruled on November 18, 2003, that same-sex couples have the right to civil marriage in Massachusetts. The holding in GLAD’s case, Goodridge v. Department of Public Health, was the first of its kind in this country by a state high court. Marriages began to take place in Massachusetts on May 17, 2004. For information about how to get married in Massachusetts, see: Getting Married in Massachusetts | Mass.gov.

Can Massachusetts same-sex couples get married anywhere else?

Yes. Thanks to Obergefell v. Hodges, all states are required to issue marriage licenses to same-sex couples.

Will Massachusetts respect my marriage? Will other states?

Yes. The Obergefell v. Hodges decision guarantees that all states and the federal government must treat same-sex married couples identically to different-sex married couples. That means that all the protections, rights, and obligations that states and the federal government provide to different-sex married couples must also be provided to same-sex married couples.

Will the federal government respect my marriage?

What happens if we need to end our marriage?

After Obergefell v. Hodges, same-sex spouses everywhere can dissolve their marriages on the same terms as different-sex spouses. Massachusetts explicitly applies its divorce statutes to same-sex couples.

However, spouses should note that when Massachusetts courts divide marital property and award alimony, one of the factors a judge considers is length of marriage. Unfortunately for spouses whose partnership pre-dates marriage equality, the length of the marriage may not accurately reflect the true length of the relationship, resulting in an unbalanced division of assets. With regards to alimony, Massachusetts courts may (but are not required to) consider a couple’s premarital cohabitation if there is evidence of economic partnership. If you are going through divorce proceedings in Massachusetts and believe your division of assets may be unfairly affected by the length of the marriage, contact GLAD Answers for referrals to attorneys in GLAD’s Lawyer Referral Service.

Can I obtain Social Security survivor benefits if my spouse dies?

Yes, because as stated above, same-sex married couples are entitled to all the benefits provided to different-sex married couples.

However, until the Obergefell v. Hodges decision on June 26, 2015, many same-sex couples lived in states where unconstitutional marriage laws prevented same-sex couples from getting married. So when their spouse passed away, they could not meet the Social Security survivor benefit condition of having been married for nine months.

To correct this unfairness, Lambda Legal filed two lawsuits, Ely v. Saul and Thornton v. Commissioner of Social Security, and was successful in obtaining a way for same-sex couples to file for Social Security survivor benefits who either never married (Ely v. Saul) or were finally able to marry but were married less than nine months when their spouse passed away (Thornton v. Commissioner of Social Security).

These two rulings allow same-sex couples to apply because discriminatory state laws excluded them from marriage, and consequently were not eligible to apply for Social Security survivor benefits. However, the success of that application rests on providing enough documentation to prove to Social Security that they did not meet the nine-month requirement only because of the discriminatory state laws.

The following link gives more detailed information and has FAQs for each lawsuit, and lists some of the ways you might be able to provide the documentation needed to qualify for the survivor benefit: Information for Surviving Same-Sex Partners and Spouses Previously Excluded from Social Security Survivor’s Benefits Because of Unconstitutional State Marriage Laws | Lambda Legal.

What steps can a couple take to legally safeguard their relationship in Massachusetts?

Various legal documents can protect a couple’s relationship, regardless of whether the couple has no formal legal relationship or is already in a marriage.

Relationship Agreement or Contract: A couple has the option of drafting a written cohabitation agreement, outlining their respective rights with regards to property, finances, and other aspects of their relationship. The Massachusetts Supreme Judicial Court has held that ordinary rules of contract law generally enforce and respect these agreements. Although such agreements may concern the custody and support of children, a court will not uphold any agreement it finds to go against the child’s best interests. Finally, couples should note that if they eventually marry, a previous relationship agreement will likely no longer be valid, and any post-marital agreement will be enforceable only to the extent that it is fair and equitable to both parties.
Power of Attorney: A couple can choose to grant each other the durable power of attorney, allowing one partner to make financial decisions on the other’s behalf in the event of incapacity or disability. The requirements are minimal: any competent person may appoint another person as their “attorney-in-fact.” If no such appointment is made, a family member will be empowered to make decisions for the incapacitated individual.

If one partner is incapacitated or disabled, the other partner may petition the court to be appointed as their guardian to make decisions on their behalf. Unless good cause dictates otherwise, a court should grant guardianship to whoever has durable power of attorney over the incapacitated person. Thus, couples are encouraged to grant each other durable power of attorney if they believe guardianship will one day be necessary. It is important to note that a court can reject an individual’s choice only for good cause—a court should not substitute its own judgment just because a family member objects to the appointment.

Health Care Proxy: A couple can also choose to appoint each other as health care proxies, allowing them to make medical decisions on one another’s behalf in the event of an emergency. Absent a health care proxy appointment, medical care providers look to next-of-kin to make health care decisions for an incapacitated individual. Thus, if an unmarried couple wants to make decisions for one another, they need a healthcare proxy. Healthcare proxies can be revoked at any time, either by creating a new healthcare proxy or by a clear expression of revocation. People often give a copy of the health care proxy to their doctors, and sometimes to family members. You can find a sample Health Care Proxy form here: Massachusetts Medical Society: Health Care Proxy Information and Forms.
Will: Without a will, a deceased unmarried person’s property passes to (1) their children; (2) their family; (3) if next-of-kin cannot be located, to the state. A will is essential if a person wishes to provide for others, such as their partner. Even if a person has few possessions, they can name in the will who will administer their estate. If a person has children, they can also nominate the future guardian of the child in a will.
Funeral Planning Documents: A person’s body is given to their next-of-kin upon death. This can mean that a person’s own partner has no right to remove the body or make plans for a final resting place. But if a person leaves explicit written directions giving another person (such as their partner or a friend) control over the funeral and burial arrangements, they can avoid confusion. Some people include these instructions as part of a will, but since a will may not be found for days after death, it is preferable to give the instructions to the person you want to take care of matters, as well as to family members.
Living Will: Within a health care proxy, the individual may insert language stating what the individual wishes about termination of life support, preferences for types of medical care, or limits on the agent’s authority.
Temporary Agent or Guardianship: Parents, particularly those with life-threatening illnesses, may either appoint a temporary agent for a period not exceeding 60 days, or appoint a guardian whose appointment takes effect when the parent dies or cannot care for the child. Within 30 days after the appointment of a guardian, the guardian must petition the Probate and Family Court for confirmation of the appointment. The parent has the right to revoke the powers of the temporary agent or guardian at any point.

Does a person need an attorney to get these documents?

GLAD recommends working with an attorney on these documents.

Although forms are available, they may not be suited to your individual needs and wishes. Moreover, an attorney may be better able to help effectuate your goals, for example, by drafting a will in a way that is more likely to deter a will contest by unhappy family members, or an appointment of a health care agent with precise instructions. In addition, an attorney may help to navigate the legal uncertainties flowing from the areas of overlap between these documents. GLAD Answers can provide referrals to attorneys who are members of GLAD’s Lawyer Referral Service.

What standards should same-sex couples with children who are breaking up maintain?

Same-sex couples with children who are breaking up should:

Support the rights of LGBTQ+ parents
Honor existing relationships regardless of legal labels
Honor the children’s existing parental relationships after the breakup
Maintain continuity for the children
Seek a voluntary resolution
Remember that breaking up is hard to do
Investigate allegations of abuse
Not allow the absence of agreements or legal relationships to determine outcomes
Treat litigation as a last resort
Refuse to resort to homophobic/transphobic laws and sentiments to achieve a desired result

For more detailed information about these standards, visit Protecting Families: Standards for LGBTQ+ Families.

Navigating Police Interactions | Massachusetts

Home » Massachusetts » Page 9

I am often told by police to “move along” from public areas. Is that legal?

Not necessarily. If the area is public and not posted as having particular hours, you generally have a right to be there as long as you are engaged in lawful activity. Public places belong to everyone, and are also often places of public accommodation to which non-discrimination rules apply. Even if a police officer wants to deter crime, or suspects some kind of unlawful intent, they have no general right to request people to move from one place to another unless there is unlawful conduct (Commonwealth v. Carpenter, 325 Mass. 519, 521 (1950) (sauntering and loitering in public places is right of every person); Benefit v. City of Cambridge, 424 Mass. 918 (1997) (streets and other public areas are “quintessential public forums” for expression); Kent v. Dulles, 357 U.S. 116, 126 (1958)).

What are the general rules about interaction with police?

The presence of individuals who appear to be LGBT – whether because such individuals are displaying symbols such as a rainbow flag or pink triangle or for any other reason – should not trigger any special scrutiny by a police officer.

Police may, of course, approach a person, and make inquiries, but the officer can neither explicitly nor implicitly assert that the person must respond to their inquiries (Commonwealth v. Murdough, 428 Mass. 700 (1999)). Even if a person has been convicted of a past offense, or fails to respond, or responds in a way which does not satisfy the officer, that person cannot be arrested (Murdough, 428 Mass. at 703; Alegata v. Commonwealth, 353 Mass. 287, 300-01, 231 N.E.2d 201 (1967)).

If an officer has “reasonable suspicion” that a crime has been committed or is about to be committed, they may briefly detain an individual, or stop the person for purposes of investigation (Murdough, 428 Mass. at 763, Terry v. Ohio, 392 U.S. 1, 16 (1968)). An arrest can only occur upon “probable cause” that a crime has been committed (Murdough, 428 Mass. at 703).

What can I do if I believe I have been improperly treated by the police?

Complaints may be made to any individual police department for matters concerning its officers. Call GLAD if you need to find out how to make a complaint to the local police.

Complaints to the Massachusetts State Police may be made via a Citizens Response Report, or form SP-340, which can be completed online and sent electronically (see http://www.mass.gov/eopss/agencies/msp/citizen-concerns.html for more information) or mailed to The Massachusetts State Police, Division of Standards and Training/Citizen Response Reports, 470 Worcester Road Framingham, MA 01702. An officer assigned to the Division of Standards and Training will contact you upon receipt of your report (“Citizens Response Reports,” Public Safety, http://www.mass.gov/eopss/agencies/msp/citizen-concerns.html).

Please let GLAD know whenever you make a complaint so that we can track the responsiveness of the various police departments.

In some cases, you may decide to pursue a lawsuit, either because of injuries, improper detainment, or for some other reason. These matters are highly specialized, and GLAD can make attorney referrals. People can also register serious complaints with the Attorney General’s Office, Civil Rights Division.

Other HIV Laws | Massachusetts

Home » Massachusetts » Page 9

Other questions and answers on HIV-Related Laws. Also see our pages on HIV/AIDS Discrimination and Testing and Privacy.

What does it mean that an employer may have to provide a “reasonable accommodation” for an employee with a disability?

People with disabilities, such as HIV/AIDS, may experience health-related problems that make it difficult to meet some job requirements or duties. For example, a person may be exhausted or fatigued and find it difficult to work a full-time schedule.

In certain circumstances, the employer has an obligation to modify or adjust job requirements or workplace policies in order to enable a person with a disability, such as HIV or AIDS, to perform the job duties. This is known as a “reasonable accommodation.”

Examples of reasonable accommodations include:

Modifying or changing job tasks or responsibilities;
Establishing a part-time or modified work schedule;
Permitting time off during regular work hours for medical appointments;
Reassigning an employee to a vacant job; or
Making modifications to the physical layout of a job site or acquiring devices such as a telephone amplifier to allow, for example, a person with a hearing impairment to do the job.

How can a person obtain a reasonable accommodation?

It is, with rare exception, the employee’s responsibility to initiate the request for an accommodation. In addition, an employer may request that an employee provide some information about the nature of the disability. Employees with concerns about disclosing HIV/AIDS status to a supervisor should contact GLAD Answers at www.GLADAnswers.org in order to strategize about ways to respond to such requests.

There is no fixed set of accommodations that an employee may request. The nature of a requested accommodation will depend on the particular needs of an individual employee’s circumstances.

Does an employer have to grant a request for a reasonable accommodation?

An employer is not obligated to grant each and every request for an accommodation. An employer does not have to grant a reasonable accommodation that will create an “undue burden” (i.e. significant difficulty or expense for the employer’s operation). In addition, the employer does not have to provide a reasonable accommodation if the employee cannot perform the job function even with the reasonable accommodation.

When is a “reasonable accommodation” for an employee an “undue burden” for an employer?

In determining whether a requested accommodation creates an undue burden or hardship for an employer, courts examine a number of factors, including:

The employer’s size, budget and financial constraints;
The costs of implementing the requested accommodation; and
How the accommodation affects or disrupts the employer’s business.

Again, each situation is examined on a case-by-case basis.

Am I able to purchase syringes at a pharmacy without a prescription?

Yes. In 2006, Massachusetts passed a law allowing for pharmacies to sell syringes over the counter to anyone who is 18 years of age or older and decriminalizing possession of needles (M. G. L. c. 94c §§27-27A).

Does Massachusetts have needle exchange programs?

Yes. Massachusetts law permits the Department of Public Health to establish needle exchange programs, but unfortunately requires “local approval” for the siting of a program (M. G. L. c.111 §215). To date, only Boston, Cambridge, Northampton, and Provincetown have needle exchange programs.

Does Massachusetts have a law that requires health insurance plans to cover lipodystrophy surgery?

Yes, on August 10, 2016, Massachusetts Governor Charlie Baker signed into law An Act Relative to HIV-Associated Lipodystrophy Syndrome Treatment. This first-of-its-kind legislation requires public and private insurers to cover treatment of a debilitating side effect of early HIV medications. This historic victory means that some of the longest-term survivors of the HIV epidemic will finally have access to the critical health care they need and deserve.

For more information, see: Governor Baker Signs Historic Law Requiring Treatment for HIV-Associated Lipodystrophy – GLAD.

Are insurance companies required to provide long-term care or life insurance to people who are taking PrEP?

As a general matter, no. However, in a GLAD case, Doe v Mutual of Omaha Insurance Company, Mutual of Omaha agreed to revise its underwriting guidelines to no longer decline long-term care insurance applicants solely on the basis that an applicant takes PrEP for HIV prevention.

For more information, see: Doe v. Mutual of Omaha Insurance Company – GLAD.

Disability Insurance

If you are unable to work and are on SSDI or private disability insurance, it is important to work closely with your medical providers to make sure that the medical documentation supports your continuing need for disability insurance.

Housing | Discrimination | Massachusetts

Home » Massachusetts » Page 9

Does Massachusetts have an anti-discrimination law protecting LGBT individuals from discrimination in housing?

Recently, these laws have been extended to protect transgender people. In 2011, Governor Deval Patrick signed a historic executive order prohibiting discrimination based on gender identity and expression in state employment (Mass. Exec. Order. No. 526 (Feb. 17, 2011), MA Executive Order 526). In 2012, Massachusetts amended its anti-discrimination laws to prohibit discrimination based on gender identity in public and private employment, housing, credit, education, and services—but not public accommodations. Finally, in 2016, Massachusetts passed the long-awaited transgender public accommodations bill, protecting transgender people from discrimination in restaurants, libraries, hotels, malls, public transportation, and beyond (Mass. Gen. Laws, chap. 272, secs. 92A, 98). For further information about the bill, see GLAD’s MA Public Accommodations Q&A, at https://www.gladlaw.org/current/post/ma-public-accommodations-q-a.

Do the laws also protect people perceived to be LGBT in housing?

Yes. Massachusetts non-discrimination law defines “sexual orientation” as “having an orientation for or being identified ashaving an orientation for heterosexuality, bisexuality or homosexuality” (Mass. Gen. Laws, chap. 151B, sec. 3(6)). This language has been interpreted to include discrimination based on perception. For example, if a person is fired because they are perceived to be gay, they may invoke the protection of the anti-discrimination law regardless of their actual orientation.

Similarly, the law defines “gender identity” as:

What is prohibited by the housing anti-discrimination law in Massachusetts?

The housing laws are intended to prohibit discrimination by those engaged in most aspects of the housing business, including listing, buying, selling, renting, or financing housing, whether for profit or not (Mass. Gen. Laws, chapter 151B, sec. 4 (3B, 3C, 6, 7)). Most often, these claims involve a refusal by an owner, landlord, or real estate broker to sell, lease, or even negotiate with a person about the housing they desire to obtain (Mass. Gen. Laws, chap. 151B, sec. 4 (6)(a)(public housing), sec. 7 (private housing)). But other practices are forbidden, too, such as inquiring into or making a record of a person’s sexual orientation, gender identity, marital status (Mass. Gen. Laws, chap. 151B, sec. 4(6)(c)(public housing), sec. 4(7)(private housing)), or discriminating with respect to mortgage loans (Mass. Gen. Laws, chap. 151B, sec. 4(3B)).

Are any landlords exempt from the housing anti-discrimination law?

The main exemption from the law is for owner-occupied buildings that have two units or less. The law is focused on protecting people in “multiple dwelling[s].” If a building only has two apartments and the owner lives in one of them, the exemption may apply (Mass. Gen. Laws, chap. 151B, sec. 1 (11)). The other exemptions in this area of the law are fairly technical and relate to the definitions of “housing development,” “contiguously located housing,” and “other covered housing accommodations.”

How do I file a complaint of discrimination under Massachusetts law?

Boston: (617) 994-6000, One Ashburton Place, Room 601.

Springfield: (413) 739-2145.

Worcester: (508) 799-8010.

Do I need a lawyer?

What are the deadlines for filing a complaint of discrimination?

What happens after a complaint is filed with the MCAD?

If probable cause is found, the case will be sent for “conciliation” or settlement proceedings. If negotiations fail to produce a settlement agreeable to all parties, the case proceeds further with more discovery and possibly a trial type hearing.

If probable cause is found lacking, the case is over unless you appeal the “lack of probable cause” finding. There are special rules and time constraints on appeals within the MCAD that must be observed strictly.

What are the legal remedies the MCAD may award for discrimination if an individual wins their case there?

The remedies for a successful complainant for housing cases may include damages (expenses actually incurred because of unlawful action related to moving, storage, or obtaining alternate housing) and civil fines to be paid to the state. In public accommodations cases, the MCAD may order civil fines to be paid to the state. In all cases, the remedies may also include emotional distress damages, attorneys’ fees, cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws (e.g. training programs, posting of notices, allowing person to apply for credit on nondiscriminatory terms, allowing person non-discriminatory access to and use of services).

Can I also file a complaint a discrimination complaint with a federal agency?

LGBT people who are discriminated against in housing may also be able to file a complaint with the federal Department of Housing and Urban Development (HUD) in addition to MCAD. For more information go to: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housin g_equal_opp/LGBT_Housing_Discrimination.

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

Local Agencies: Several cities and towns have their own local non-discrimination laws and agencies with which you can file a complaint in addition to filing at the MCAD. Sometimes the MCAD allows the local agency to investigate the case instead of the MCAD, which might produce advantages in time and accessibility of staff. Cambridge and Boston have the most developed local agencies, although Newton, Somerville, Worcester and Springfield also have some staff for certain kinds of complaints. Even if you file with the local agency, you must still file with the MCAD within 300 days of the last act of discrimination in order for your case to be processed at all.
State or Federal Court: After filing with the MCAD or EEOC, or both, as discussed above, a person may decide to remove their discrimination case from those agencies and file the case in court. There are rules about when and how this must be done (See e.g., Mass. Gen. Laws, chap. 151B, sec. 9).

What can I do if my landlord evicts me because I filed a complaint of discrimination?

It is illegal for your landlord to retaliate or punish you because you filed a complaint. If they do so, you can file an additional complaint against them for retaliation. “Retaliation” protections cover those who participate in proceedings, oppose unlawful conduct, or state an objection to discriminatory conduct (Mass. Gen. Laws, chap. 151B, secs. 4(4), 4A. See also Provencher v. CVS Pharmacy, 76 F.E.P. Cases (BNA) 1569 (1st Cir. 1998)(upholding federal retaliation claim of gay man)).

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). If you are concerned about a housing matter, bring a copy of your lease, along with any notices and letters you have received from your landlord.

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers at www.GLADAnswers.org or by phone at 800-455-4523 (GLAD) any weekday to discuss options.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). Try to have on hand copies of your employee handbooks or personnel manuals, as well as any contracts, job evaluations, memos, discharge letters and the like.

ID Documents | Massachusetts

Home » Massachusetts » Page 9

The Transgender ID Project is a free resource for transgender people living in New England who want to update their legal name and gender marker on state and federal documents.

If you need assistance updating your legal name and gender on federal and state documents, visit the Massachusetts page for the Transgender ID Project.

Hate Crimes | Massachusetts

Home » Massachusetts » Page 9

Does Massachusetts have a hate crimes law?

Yes, Massachusetts has several provisions of criminal law geared toward identifying and punishing hate-motivated violence (Massachusetts also has a “criminal harassment” statute, Mass. Gen. Laws, chap. 265, sec. 43A, which targets any willful and malicious pattern of conduct or series of acts directed at a specific person, seriously alarming that person, and causing any reasonable person to suffer substantial emotional distress. It could apply to homophobic statements directed against a person. Visit Com. V. Welch, 444 Mass. 80 (2005)).

Most specifically, Massachusetts law contains a “Hate Crimes Penalties Act” which provides stiff penalties for those who:

commit an assault or a battery; or, cause damage to a person’s real or personal property
with the intent to intimidate a person because race, color, religion, national origin, sexual orientation, gender identity, or disability (Mass. Gen. Laws, chap. 265, sec. 39).

Massachusetts also has a law which punishes those who:

by force or threat of force,
willfully injure, intimidate, interfere with (or attempt to do so), or oppress or threaten a person
in the free exercise or enjoyment of any right or privilege secured to them under state or federal constitutions or laws (Mass. Gen. Laws, chap. 265, sec. 37).

Essentially, this law provides criminal penalties for violations of a person’s civil rights (visit also Commonwealth v. Stephens, 25 Mass. App. Ct. 117, 123-24 (1987)(sec. 37 applies to hate-motivated harassment and violence)). For further information, see GLAD’s publication, Anti-LGBT Violence and Harassment, at Anti-LGBT Violence and Harassment.

In a typical hate crimes case, both of the above laws are charged, along with another criminal statute, such as assault and battery, assault and battery with a dangerous weapon, or assault with intent to murder and maim. Criminal charges can be initiated by the police, or by the victim themselves.

In order to track hate crimes, the State has set up a reporting system so that incidents alleged are centrally recorded (Mass. Gen. Laws, chap. 22C, secs. 32-35). To report an incident of hate-motivated violence, contact the Violence Recovery Program at Fenway Community Health, at (617) 927-6250 or 1-800-834-3242 (toll free in MA).

How does the law define what is a hate crime?

Under Massachusetts law, a “hate crime” is “any criminal act coupled with overt actions motivated by bigotry and bias, including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender, sexual orientation or gender identity prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation or coercion, or which seek to interfere with or disrupt a person’s exercise of constitutional rights through harassment or intimidation. . .” (Mass. Gen. Laws, chap. 22C, sec. 32).

Technical definitions aside, law enforcement officials and others tend to use the following as guideposts for determining whether or not a crime is an anti-LGBT hate crime:

Did the attacker use anti-LGBT language or slurs?
Was the victim in an area associated with LGBT people (e.g., outside a LGBT bar, at a Pride parade location, at a cruising area)?
Was the victim identified and targeted because of appearance or behavior (e.g., holding hands with a same-sex partner, wearing a Pride flag)
Have there been similar crimes in the area?
Did the attack occur regardless of economic motive (e.g., was the victim attacked but not robbed) (see generally Mass. Gen. Laws, chap. 22C, sec. 33; 501 Code of Mass. Regs. sec. 4.04(1) (Hate Crimes Reporting Classification Criteria))?

What can I do if I think I’ve been a victim of a hate crime?

Victims of hate crime violence have three types of legal recourse if they decide to take legal action against their perpetrators: (1) criminal prosecution under the laws discussed above; (2) injunctive relief; and (3) a civil suit for damages.

Immediately after the incident, seek medical attention if necessary. Second, consider reporting the incident to the police if you feel comfortable doing so. If you wish to press charges, a police report will be required and an investigation will often be necessary to identify the perpetrators. In addition to contacting the local police, you may also contact the Criminal Division of the Attorney General’s office at (617) 727-2200. Be sure to explain all of the factors that make you think this was a hate crime.

For support and advocacy, contact the Violence Recovery Program (VPR) at Fenway Community Health. In addition to short term counseling for victims, VPR’s professional advocates can assist you with reporting an incident, pursuing an investigation, or pursuing a case in court. All calls are confidential; you will not be required to provide your name. Contact VPR at (617)-927-6200 or 1-800-834-3242 (toll free in MA).

What other options do I have if I think I have been the victim of a hate crime?

In addition to pursuing your rights in the criminal justice system, you may seek a “civil rights injunction” from the Superior Court.

A civil rights injunction is a protection order issued by the court, and typically forbids a person or persons from contacting you or coming near you (or your home, or school, or workplace) because they have been determined to be threatening to you. To obtain an injunction, you must show that the person interfered or attempted to interfere with the exercise of your secured rights by using threats, intimidation or coercion. This is not always as easy as it sounds.

You can seek a civil rights injunction on your own or with your lawyer, or you can ask the Attorney General to do so on your behalf (Mass. Gen. Laws, chap. 12, sec. 11H (actions by Attorney General); chap. 12, sec. 11I (actions by private individuals)). The Attorney General’s Office, Civil Rights Unit, is found at (617) 727-2200, but it cannot fulfill all of the requests it receives. In an action you bring on your own, you may also seek compensatory money damages from the perpetrator and an award of attorneys’ fees.

Although injunctions are civil in nature, violating an injunction is a criminal offense (Mass. Gen. Laws, chap. 12, sec. 11J). If a perpetrator does so, they can be fined, imprisoned, or both. For further information see GLAD’s publication, Anti-LGBT Violence and Harassment, at Anti-LGBT Violence and Harassment.

In what ways might the federal hate crimes law help to investigate and prosecute hate crimes?

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (visit H.R. 2647 at https://www.congress.gov/bill/111th-congress/senate-bill/909/text) was passed by Congress on October 22, 2009 and was signed into law by President Obama on October 28, 2009. It expands the 1969 United States federal hate crime law to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity or disability.

First, and perhaps foremost, the Act allows local and state law enforcement agencies to apply for the following federal assistance from the U.S. Attorney General:

investigative, technical, forensic or prosecutorial support for criminal investigations and prosecutions,
grants for extraordinary expenses associated with the investigation and prosecution of hate crimes, and
grants to combat hate crimes committed by juveniles.

In providing assistance to local and state authorities, the priorities are hate crimes:

where the offender(s) has committed crimes in more than one state, or
that occur in rural areas which do not have the resources needed to prosecute such crimes.

Second, for hate crimes that in some way involve crossing state or national borders, or involve or affect interstate commerce, and where a state does not have jurisdiction or has requested federal assumption of jurisdiction, or where the federal government feels that justice has not been served or that U.S. prosecution is in the public interest, the Act authorizes the federal government to prosecute the case. The Federal Bureau of Investigation (FBI) encourages victims of hate crimes to make a report to the FBI as well as local and state authorities. The Boston field office of the FBI can be reached at (617) 742-5533.

The Act also requires the Federal Bureau of Investigation to track statistics on hate crimes on the basis of gender and gender identity (statistics for the other groups are already tracked) and on crimes committed by and against juveniles. This is the first federal law to explicitly extend legal protections to transgender persons.

Does Massachusetts have a law to protect people who are being harassed or threatened?

Yes. The Harassment Prevention Law, Chapter 258E, allows people who are being harassed, stalked, or sexually assaulted to obtain a restraining order against the perpetrator. Unlike 209A orders (see above), a Harassment Prevention Order does not require the victim to have a special relationship with the perpetrator—the law can be used to protect you against anyone. You can apply for a Harassment Prevention Order free of charge at your local court (District Court, Superior Court, or Boston Municipal Court). If both the victim and the harasser are under the age of 17, you should file in the Juvenile Court whose jurisdiction covers where you live.

In emergency situations when the courts are closed, you can get a temporary order from the police, but you will still have to appear in court the next business day. Finally, although filing for a Harassment Prevention Order does not preclude pursuing other civil or criminal remedies, you must disclose any prior or pending actions with the harasser when you file your complaint.

What do I need to show in order to get a Harassment Prevention Order?

You need to document:

that the harasser committed three or more acts against you of willful and malicious conduct that caused fear, intimidation, abuse or damage to property; or
that the harasser forced you to involuntarily engage in sexual relations; or
that the harasser violated any of the criminal laws in Chapter 265 that pertain to sex with a minor, indecent assault and battery, rape, stalking or the law in Chapter 272 that deals with drugging for sexual intercourse.

What measures can the court take to protect the victim from future harassment?

The first action a court will generally take is to issue a temporary Harassment Prevention Order, which remains in place until a court hearing can be held. The temporary order may instruct the harasser:

to refrain from abusing or harassing the victim,
to refrain from contacting the victim,
to stay away from the victim’s home or workplace, and
to pay the victim monetary compensation for the losses suffered as a direct result of the harassment.

How does the victim extend the temporary order?

After granting the temporary order, the harasser will be notified and given an opportunity to appear in court and be heard on the question of continuing the temporary order. If the harasser does not appear, the temporary order will automatically be extended. The hearing will be scheduled within 10 business days of the court first issuing the order.

At the hearing, the judge will listen to the evidence and decide whether or not to extend the order. If the judge chooses to extend the order, it can remain in place for up to one year. At the expiration of the order, the victim can petition the court to provide another extension. The court may modify the order at any time based upon a petition from either party.

What happens if the harasser violates the Harassment Prevention Order?

Violation of the order is a criminal offense punishable by a fine of not more than $5,000, or by imprisonment of not more than 2 ½ years, or both.

What if I have a protection order issued by another jurisdiction?

Provided the victim presents the appropriate Massachusetts court with a certified copy of the protection order and a sworn affidavit that the order is presently in effect as written, the protection order will be enforced in Massachusetts for as long as the order was in effect in the issuing jurisdiction.

For more detailed information about hate crimes, violence and harassment, see GLAD’s publication, Anti-LGBT Violence and Harassment in Massachusetts, at Anti-LGBT Violence and Harassment

Public Accommodations | Discrimination | Massachusetts

What is a “place of public accommodation”?

Does Massachusetts have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in places of public accommodation?

Do the laws also protect people perceived to be LGBTQ+ in places of public accommodation?

What protections exist for transgender people in places of public accommodation?

How do I file a complaint of discrimination under Massachusetts law?

Do I need a lawyer?

What are the deadlines for filing a complaint of discrimination?

What happens after a complaint is filed with the MCAD?

What are the legal remedies the MCAD may award for discrimination if an individual wins their case there?

Can I also file a complaint a discrimination complaint with a federal agency?

Are there other options for filing a complaint for discrimination?

What can I do to prepare myself before filing a complaint of discrimination?

Second Parent Adoption | Massachusetts

Can same-sex partners together adopt a child in Massachusetts?

What are joint and second parent adoptions?

What is the advantage of doing a second parent or joint adoption?

Who is a legal parent?

Do we need to do a second-parent adoption if we are married, in a civil union, or living together?

If same-sex parents raise a child together, but only one is the “legal” parent, then what rights does the non-legal parent have vis-à-vis the child?

How does a non-legal parent prove ‘de facto’ parenthood?

Short of second parent adoption, how can a family protect the interests of the child vis-à-vis their non-legal parent?

Intimate Partner Violence | Massachusetts

What is domestic violence?

Do domestic violence laws apply to people in same-sex relationships?

How can the law protect me from an abusive partner?

How do I get a 209A protective order?

If I go to court, will I ‘out’ myself?

Where can I go to get help?

Does domestic violence play a role in custody decisions?

Marriage | Massachusetts

Can same-sex couples marry in Massachusetts?

Can Massachusetts same-sex couples get married anywhere else?

Will Massachusetts respect my marriage? Will other states?

Will the federal government respect my marriage?

What happens if we need to end our marriage?

Can I obtain Social Security survivor benefits if my spouse dies?

What steps can a couple take to legally safeguard their relationship in Massachusetts?

Does a person need an attorney to get these documents?

What standards should same-sex couples with children who are breaking up maintain?

Navigating Police Interactions | Massachusetts

I am often told by police to “move along” from public areas. Is that legal?

What are the general rules about interaction with police?

What can I do if I believe I have been improperly treated by the police?

Other HIV Laws | Massachusetts

What does it mean that an employer may have to provide a “reasonable accommodation” for an employee with a disability?

How can a person obtain a reasonable accommodation?

Does an employer have to grant a request for a reasonable accommodation?

When is a “reasonable accommodation” for an employee an “undue burden” for an employer?

Am I able to purchase syringes at a pharmacy without a prescription?

Does Massachusetts have needle exchange programs?

Does Massachusetts have a law that requires health insurance plans to cover lipodystrophy surgery?

Are insurance companies required to provide long-term care or life insurance to people who are taking PrEP?

Disability Insurance

Health Care | Transition-Related Care | Massachusetts

You are protected from discrimination in accessing healthcare.

Housing | Discrimination | Massachusetts

Does Massachusetts have an anti-discrimination law protecting LGBT individuals from discrimination in housing?

Do the laws also protect people perceived to be LGBT in housing?

What is prohibited by the housing anti-discrimination law in Massachusetts?

Are any landlords exempt from the housing anti-discrimination law?

How do I file a complaint of discrimination under Massachusetts law?

Do I need a lawyer?

What are the deadlines for filing a complaint of discrimination?

What happens after a complaint is filed with the MCAD?

What are the legal remedies the MCAD may award for discrimination if an individual wins their case there?

Can I also file a complaint a discrimination complaint with a federal agency?

Are there other options for filing a complaint for discrimination?

What can I do if my landlord evicts me because I filed a complaint of discrimination?

What can I do to prepare myself before filing a complaint of discrimination?

ID Documents | Massachusetts

Hate Crimes | Massachusetts

Does Massachusetts have a hate crimes law?

How does the law define what is a hate crime?

What can I do if I think I’ve been a victim of a hate crime?

What other options do I have if I think I have been the victim of a hate crime?

In what ways might the federal hate crimes law help to investigate and prosecute hate crimes?

Does Massachusetts have a law to protect people who are being harassed or threatened?

What do I need to show in order to get a Harassment Prevention Order?

What measures can the court take to protect the victim from future harassment?