Transgender bill becomes hot button issue

Amid accusations of waffling, an anti-discrimination bill may have surprising influence in Massachusetts' gubernatorial race.

Republican gubernatorial candidate Charlie Baker pledged on Saturday, April 17, that he would veto the Transgender Civil Rights Bill if elected, despite having overseen a similar policy enacted when he was employed as CEO of Harvard Pilgrim Healthcare. Baker's pick for lieutenant governor, openly gay Sen. Richard Tisei, is a co-sponsor of the bill.

H. 1728/S. 1687, or "An Act Relative to Gender Identity and Expression," would offer employment protections for transgender people and outlaw workplace discrimination on the basis of gender identity or expression. Independent gubernatorial candidate state Treasurer Timothy P. Cahill has also pledged to veto the bill, while Democrat incumbent Governor Deval Patrick this week reiterated his support for equal rights in the workplace.

"This bill will make explicit the Commonwealth's commitment to providing people of diverse gender identities and expressions equal protection under the law, and guarantee transgender and gender non-conforming people the opportunity to contribute to their communities and to the local economy," a statement from the Massachusetts Transgender Political Coalition (MTPC) read.

A flier was distributed at the Massachusetts Republican Convention Saturday that read that Baker opposes the "bathroom bill" and would veto it, given the chance. Supporters of the Transgender Civil Rights Bill have criticized Baker's campaign -- and conservative groups -- for their use of the term "bathroom bill," which they say is misleading and divisive. The term is based on right-wing fears that the implementation of the bill would allow for unisex public bathrooms and locker rooms and prove a threat to women and children.

An April 20 Boston Globe editorial referred to misnomer as "a name that's as sophomoric as it is misleading" and read that Baker "only clouded the issue further" with the distribution of the flier. "Baker's decision to pick up on that divisive rhetoric is disappointing," the editorial read.

In a fundraising letter to supporters, the conservative Massachusetts Family Institute took credit for the widespread use of the term "bathroom bill," calling the proposed legislation "fatally flawed."

During his tenure at insurance giant Harvard Pilgrim Healthcare, Baker oversaw the enactment of a policy that protected applicants and employees on the basis of their gender identity or expression. The company earned a 100% rating from LGBT advocacy organization Human Rights Campaign (HRC) in 2008; the HRC's ratings are given based on criteria that includes whether a company prohibits discrimination based on gender identity or expression, and whether they cover gender identity in diversity training.

This apparent contradiction has led activists -- and Baker's opponents in the gubernatorial race -- to conclude that Baker is waffling on the issue in order to gain more right-wing conservative support.

"It appears Charlie Baker was for transgender civil rights before he was against them," said DeeDee Edmondson, political director of LGBT advocacy group MassEquality. "Given Harvard Pilgrim Healthcare's history of protecting employees from discrimination based on gender identity, which happened under Charlie Baker's watch, we were surprised to hear of his opposition to the Transgender Civil Rights Bill." Baker's decision to oppose the bill, Edmondson said, "was a shameful attempt to use this badly-needed legislation to pander for delegate votes."

MassEquality executive director Scott Gortikov expressed his disappointment in a press statement released by the organization. "So many in our community had such high hopes for this candidate," Gortikov said. "I fear this is the Romney-fication of Charlie Baker. It's stunning to me that he would borrow from the playbook of the radical social conservatives and condone this language of marginalization."

Edmondson also pointed out how Baker's opposition to the bill contradicts the content of his speech at the Convention. "Charlie Baker's convention speech repeatedly sounded the theme of reducing unemployment in Massachusetts," she said. "If he is serious about helping all of the people of Massachusetts get back to work, he would support this bill, which simply levels the employment playing field for transgender people and allows them to go to work."

Since Saturday, the other two candidates for Massachusetts Governor -- conservative Independent Tim Cahill and Democrat incumbent Deval Patrick -- have joined Baker in publicly opining about the bill. Cahill, in what some have interpreted as an attempt to cull right-wing supporters, issued a strongly worded statement Monday, April 20 saying that he, too, would veto the Transgender Civil Rights Bill if elected.

The sponsors of the bill "wrote it with a sledgehammer approach that could radically change the social landscape in the interest of protecting a small interest group," according to Cahill's statement. "That is wrong. ...My opponent Charlie Baker claims he opposes the bill, but when he had to pick a running mate, he picked Richard Tisei, one of the lead sponsors of the bill." Baker's campaign reported to NECN.com that he and Tisei have "agreed to disagree on this issue."

Patrick, however, took the opportunity to reiterate his support for the bill. In a fundraising letter sent to supporters, Patrick's reelection campaign asked for $50 donations "to show our opponents that we believe in a Commonwealth free from discrimination."

The letter referred directly to Baker's public opposition of the bill. "This is just another example of Charles Baker being willing to say anything to get elected, even if he (and his [lieutenant governor] candidate [Tisei]) have taken opposite positions previously," the letter, signed by Patrick's campaign manager Sydney Asbury, read. "On this issue -- like on jobs, healthcare, and the environment -- our opponents want to move backwards to failed policies and divisive arguments of the past."

Patrick told reporters at the State House April 20 that the Transgender Civil Rights Bill is "a very simple straightforward bill that closes some gaps in our civil rights laws."

"I feel very strongly that discrimination should not appear in our Constitution or in our laws," the governor said. "I look forward to the bill passing and getting to my desk just as soon as possible."

An April 19 poll from Western New England College finds Patrick leading in the race for governor with support from 34% of 528 Commonwealth residents polled by phone; Cahill followed with 29%; and Baker received 27%.

The election for governor will be held Nov. 2, 2010.

News analysis

Baker's formal opposition of the bill may bode well for the current governor. While Baker and Cahill battle one another over the social conservative vote, it has been predicted that Patrick will easily take the liberal vote -- and he could certainly use the support. The governor is currently trailing his opponents in campaign fundraising by a wide margin with a bank account of less than $900,000, while Baker can boast more than $2 million and Cahill more than $3.3 million. Patrick, however, has an untapped resource in President Barack Obama, who has provided political support to the incumbent last year. The Boston Globe reported, however, that Patrick's opponents have a higher "burn through" rate and are spending their campaign cash more quickly than the governor.