Testimony of Suffolk County District Attorney Daniel F. Conley in Support of Bills H. 1577 and S. 735

BOSTON, Oct. 6, 2015—Suffolk County District Attorney Daniel F. Conley today delivered the following testimony to the Joint Committee on the Judiciary in support of House Bill 1577, An Act Relative to Gender Identity and Nondiscrimination, and Senate Bill 735, An Act Relative to Transgender Anti-Discrimination:

“Good afternoon Chairman Brownsberger, Chairman Fernandes, and all the members of the committee.

“I am going to be very brief.  I will not repeat the points made by the Attorney General.  I support House bill 1577 and Senate bill 735 for all of the reasons she stated.  Public accommodation, without discrimination, and with the full protection of the law, is a matter of basic human dignity and respect.

“I’ve been advocating for the fair and equal treatment of people regardless of their sexual orientation for my entire public career.  And over the years, every time we came to a new step we needed to take to make our Commonwealth more just, more tolerant and more fair, we have been met with dire predictions.  Each time, we overcame those arguments with reason and by appealing to people’s inherent sense of decency and fairness.  And every time we did so, as a Commonwealth, as a society, and as citizens, we emerged better.

“The arguments we have heard for several years now in opposition to these bills are based on unfounded claims and fear-mongering.  That is not a political statement, but a fact that I report to you as the District Attorney for Suffolk County.

“I represent the most diverse population in Massachusetts and all of New England.  In my fourteen years as District Attorney, there has not been a single case – not one – of a person who ‘pretended’ to adopt another gender identity in order to commit a crime.  If anyone had done so, they would have been prosecuted.  And rest assured that after this bill is passed, as I hope it will be, people will still not be allowed to use gender identity claims to break the law.  Period.

“So there is no factual basis for the claim that people have used or will use gender identity as a defense to shield or minimize illegal behavior.  There is, however, a wealth of evidence demonstrating that transgender citizens are routinely subjected to discrimination and even violence for who they are.  The level of violence and hatred is often severe, resulting in beatings and even death.

“Our laws need to reflect that discrimination for any reason, including gender identity, is wrong and start honoring the differences that make our community stronger.

“It is the duty of government to protect all its citizens, but government has a special obligation to protect and support marginalized people.  Transgender individuals are subject to hate, fear, ridicule, violence, and discrimination.

“Rita Hester was neither the first, nor the last, transgender individual to suffer this kind of hate.  But her murder in her home in Boston in 1998, which remains unsolved, was one of the unconscionable acts that inspired the community to declare: ‘Enough.’  Her death began the Transgender Day of Remembrance, celebrated each year on November 20th.  But it’s not enough to light candles and remember and hope.  We need to act, and passing of this bill into law is the action we need.”

 

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