Tag Archives: transgender

A Few Things We’re Thankful for this Season

Before we break to celebrate Thanksgiving, let’s pause to remember what we’re thankful for. . .

  • The fact that the Massachusetts Declaration of Rights provides for three co-equal branches of government: Executive, Legislative, and the Judiciary.
  • The work of our Amicus Committee in Bird and Fisher. Our Bird brief brought clarity and predictability to the estate planning process, and our Fisher brief articulated our long held commitment to diversity and inclusion in the legal profession.
  • The passage of the Massachusetts Alimony Reform Act, a great example of true grassroots activism, coalition building and collaboration. Democracy is not always efficient, but the process was exemplary, allowing stakeholders to speak and be heard.
  • The passage of the Transgender Equality Rights bill. This bill was 5 years in the making, and it was high time that Massachusetts provided important protections to the transgender community.
  • The CORI Sealing Order was made permanent by the Boston Municipal Court. This will allow multiple motions from different districts to be heard in one of the courts with jurisdiction over a case to be sealed.  More important it facilitates re-entry.

-Kathleen Joyce
Government Relations Director
Boston Bar Association
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Judiciary Committee Year in Review

With the start of the 2nd half of the 187th Massachusetts Legislative Session set to begin on January 4th, the BBA is still advocating for several bills in the waning days of the informal session.  Back in January 2011, the BBA was the lead sponsor for 17 bills and a co-sponsor of a handful of other bills. Just about all of our bills were referred to the Judiciary Committee.

Overall, 5,388 bills were filed at the beginning of this session. Roughly 900 of those bills were referred to the Judiciary Committee.  This constitutes over 15% of all bills filed in the Legislature and gives the Judiciary Committee the distinction of having the highest volume of non-budgetary legislation referred to any committee.  To put this in perspective, the Public Service Committee has the next biggest number of bills at just over 600.  Not surprisingly, issues concerning the state courts, criminal procedure and penalties, torts, privacy, real estate, probate and judicial management end up in Judiciary.

Admittedly, not all of the 900 bills are unique.  Some of the bills are the same piece of legislation just filed separately in each branch.  For instance, the BBA often tries to find both a House and Senate sponsor of its bills especially if the issue at hand is one that may require leadership in both branches.

Since public hearings began in March, the Judiciary Committee has held eleven hearings.  These take place in small hearing rooms or in the larger Gardner Auditorium and are always well attended.  The Judiciary Committee hearings last for hours, often late into the night.  These hearings are packed with lawmakers and members of the public. The BBA has experienced this firsthand.  We patiently waited several hours for our turn to testify in Gardner Auditorium twice this year and in the smaller hearing rooms several other times this session.

Here are just some examples of bills for which the BBA has advocated this session and which already received a favorable report from the Judiciary Committee:

  • Alimony reform was released from the committee and signed into law on September 26th and will become effective on March 1, 2012.
  • Transgender civil rights will go into effect in the Commonwealth on July 1, 2012.
  • A major court reform bill that included a provision to keep the Probation Department in the Judicial Branch as well as providing for the hiring of a professionally trained, non-judicial court administrator was signed by the Governor on August 4th and will become law on July 1, 2012.

Now that those three bills have already been signed into law, the Judiciary Committee can begin focusing on other equally important bills.

Some of the other bills that have been released from the Judiciary Committee thus far but that have not made their way to the Governor’s desk just yet include the BBA’s access to DNA bill, the Uniform Trust Code and the corrections to the MUPC.  Elsewhere in the Legislature, budget requests are being reviewed and budget priorities are beginning to take shape.  When formal session resumes in a few weeks, there will be more public hearings, meetings with lawmakers and other opportunities to advance our agenda.

-Kathleen Joyce
Director of Government Relations
Boston Bar Association
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Mid-Session Legislative Update

The Legislature’s winter recess began last Wednesday evening – but not before some important pieces of legislation passed in both the House and Senate.  The reason for the winter recess?  Legislative rules require the House and Senate to break from formal session during non-election years as a way of preventing action on major bills so close to the holidays, a time during which the public may not be as attentive.  If two-thirds of members agree, the Legislature can return to session during their scheduled break.  This recess gives legislators time to spend in their districts and affords others a chance to do additional lobbying on bills expected to move next year.  Here’s a quick update on the progress of transgender civil rights, sentencing reform and important trusts and estates bills that the BBA is working on…

A victory for transgender rights!  When the House and Senate approved a bill to include gender identity and expression in the Commonwealth’s nondiscrimination statute and existing hate crime laws, Massachusetts joined 15 other states – along with Washington, D.C. – that already provide these protections for transgender people.  Governor Patrick, who supports the legislation, is expected to sign the bill soon.   While the final version of the Transgender Equal Rights Bill does not include protections within public accommodations, this is a historic and important victory for transgender equality in Massachusetts.

We have more work to do on sentencing reform. We had hoped that a bill denying parole for repeat violent offenders would also eliminate mandatory minimum drug sentences for non-violent offenders. While we were pleased to see some elements of sentencing reform in the Senate version of the bill, we were disappointed that the House version only contained parole denial for repeat offenders.  We’re still hoping that a conference committee will be able to restore the Senate reforms relative to reduced mandatory minimum drug sentences.

Having just passed the midpoint of the 2011-2012 session, legislative rules now require that bills pending at the end of the first annual session carry over into the second annual session.  But let’s not forget that the portion of the Massachusetts Uniform Probate Code dealing with estates goes into effect on January 2, 2012. Two important housekeeping proposals, the MUPC technical corrections and the Massachusetts Uniform Trust Code, are still pending and we cannot wait until the beginning of the next session to act.   A delay in passing these bills will put greater strain on an already overburdened Probate & Family Court.

While the House and Senate will continue to meet over the next few weeks in informal sessions, the second leg of the 2011-2012 begins in January and will continue until through July.

-Kathleen Joyce
Government Relations Director
Boston Bar Association
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State House Update

With less than 8 weeks left for formal legislative sessions, the Legislature’s focus has shifted away from the state budget and onto other, significant policy issues.  Last week two conference committees were named to reconcile the differences between the House and Senate versions of the state budget and the court reorganization bill.  This week the Judiciary Committee heard testimony on two bills of importance to the BBA.  Here’s a snapshot of some of the things we’re keeping our eyes on.

Court Reorganization Bill in Conference

The Court Management Conference Committee has been appointed to come up with a single version of H 3395 and S 1911.  In May, both the House and Senate advanced the court reorganization bills with unanimous votes.  While both bills would split trial court oversight between civilian court administrators and judicial managers and impose stricter hiring standards with wide reforms relative to job recommendations, there are differences between the bills.  For instance, the Senate’s bill eliminates several new management positions proposed by the House bill.  The six members of this conference committee are Senators Creem, Joyce and Tarr and Representatives O’Flaherty, Dempsey and Winslow.

State Budget in Conference

With budget deliberations complete in both branches, the Budget Conference Committee, the group tasked with negotiating the differences into a single budget bill, met for the first time on Wednesday.  The final budget has to be in place by July 1st, but their work must be resolved before that in order for Governor Patrick to have the required statutory 10 days to review the budget proposal and offer amendments and vetoes.  The six members of the Budget Conference Committee are Senators Brewer, Baddour and Knapik and Representatives Dempsey, Kulik and deMacedo.

June Judiciary Hearing

Yesterday the Judiciary Committee held a public hearing lasting nine hours in a packed Gardner Auditorium.  The BBA participated in the hearing by supporting two bills on the agenda.  The BBA submitted written testimony in support of the Transgender Equal Rights bill, joining with advocates from theMassachusetts chapter of the ACLU.  The Transgender Equal Rights bill will extend explicit protection in discrimination and hate crimes cases to transgender people.

The second piece of legislation, S 753 and H 2165 the Access to DNA bill, will provide post conviction access to DNA evidence.  David E. Meier, Martin F. Murphy, Gregory J. Massing, and David M. Siegel, all experts in the criminal justice system and members of the BBA Task Force to Prevent Wrongful Convictions, testified on behalf of the BBA in support of legislation that would put in place a mechanism for post conviction DNA evidence testing.  The panel discussed their work on the Task Force, presented the need for this statute and set the stage for a group from the New England Innocence Project which followed with compelling stories of how Massachusetts’ lack of an access to DNA testing statute has harmed them.

Betty Anne Waters shared her story.  Her brother Kenny was wrongfully convicted of murder and robbery in 1983, and spent 18 years in prison while Betty Anne earned her college and law school degrees in order to represent and exonerate him.  The Committee also heard from Dennis Maher who was wrongfully convicted of two rapes and an attempted rape.  Dennis was sentenced to 20 to 30 years in prison but was finally released after DNA proved he did not commit those crimes.  Dennis’ Op Ed describing what happened to him appeared in yesterday’s Boston Herald.

Alimony Reform Moves Favorably from Judiciary

The Alimony Reform Act, S 665, was reported favorably by the Judiciary Committee last week.  It is expected that the House will debate the bill next Wednesday.  The bill will move on to the Senate soon after the House finishes its debate.  You can read more about the BBA’s efforts on the Alimony Reform Act from our coverage here on Issue Spot.

Human Trafficking Bill Moves to the Senate

One bill that the BBA is watching but has not yet taken an official position on is the Human Trafficking bill.  This bill would establish state crimes of human trafficking and has already passed the House.  Attorney General Martha Coakley and Suffolk County District Attorney Dan Conley have been champions of this legislation.  Our Criminal Law Section began discussing this issue after the AG outlined her legislative priorities at a BBA program held in early April.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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Let’s Extend Equal Rights to Everyone in Massachusetts

Think about it!  EMC, Harvard University, Harvard Pilgrim Health Care, and John Hancock – to name just a few – are among the growing number of Massachusetts employers providing equal opportunities and protections to transgender people.  Shouldn’t our state laws do the same?

Since legislation was first filed in 2007, the BBA has supported adding “gender identity and expression” to the state’s civil rights laws and to the list of offenses that are treated as hate crimes. A simple update to the Massachusetts discrimination laws, An Act Relative to Transgender Equal Rights really is a civil rights bill that would provide explicit protection to transgender people. Current Massachusetts civil rights laws prohibit discrimination only on the basis of age, race, creed, color, national origin, sexual orientation, sex and marital status.

Isn’t it about time that Massachusetts joins the growing number of states that already have laws protecting transgender people? A June 8th Judiciary Committee hearing is the next step in that process.  The Judiciary Committee will hear testimony on H 502 and S 764, filed in the House by Representative Carl Sciortino and in the Senate by Senator Benjamin Downing.

We have made progress in this area.  The Boston City Council passed a transgender protection ordinance nine years ago and earlier this year Governor Patrick signed an executive order banning discrimination against transgender state workers.  With this order, Massachusetts joins several other states with executive orders protecting transgender state workers.

While these are significant steps, Massachusetts should protect all workers and not just state workers.

As in past legislative sessions, supporters of this proposal will probably far outnumber opponents.  Even so, next week’s Judiciary Committee hearing is important.  If this bill is passed, Massachusetts won’t be just joining a growing number of jurisdictions around the country that are enacting transgender-inclusive laws, but will be making a significant statement — that discrimination against transgender individuals is inconsistent with our common desire to live in a just society.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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