
A bill introduced in the Massachusetts Senate this week would help healthcare professionals and lawyers safely work with people who want to get gender-affirming care or reproductive health care.
State Sen. Cindy Friedman (D) introduced the bill, citing the president’s attacks on health care and the fact that Republicans control both chambers of Congress. She called her bill part of a larger legislative project, “Response 2025,” a reference to the right-wing Project 2025, NBC 10 Boston reports.
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In a press release, Friedman said that the bill will “protect, defend, and lead Massachusetts through oncoming threats from the federal government.” The bill prevents state agencies from providing information to or working with federal or out-of-state investigators who may seek to prosecute a healthcare provider or lawyer for helping someone get gender-affirming care or reproductive healthcare.
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If passed, the bill will also make it illegal for insurance companies to discriminate against nonprofit organizations that offer such care to Bay State residents. The bill would also impose data protection requirements on electronic medical records to prevent out-of-state entities from accessing them.
“Data sharing to the federal government and other entities could put patients and Massachusetts providers at risk—especially those accessing, prescribing, or dispensing medications related to reproductive or gender-affirming care,” supporters of the bill said.
“Gender-affirming care is a legal type of care in Massachusetts,” Friedman said. “This [bill] says, ‘You, as the federal government and other states, cannot determine what is legal health care in Massachusetts. You seem to be so focused on the whole issues around gender, we’re not going to allow that because Massachusetts has decided that this is a legal form of health care.’ They love to talk about gender-affirming care and women’s reproductive health, but we, the state, get to decide what kind of care is legal and can be delivered in Massachusetts.”
While other states – including Minnesota, California, Illinois, and Connecticut – have passed laws to make themselves transgender sanctuary states, they’ve been focused on preventing law enforcement from other states encroaching on trans people’s rights. But the Massachusetts law also excludes state agencies from working with federal law enforcement.
The rise of sanctuary states is a response to the current administration’s increased hostility to healthcare freedom compared to the previous administration. Earlier this year, the president signed an executive order banning gender-affirming care for trans youth and young adults.
Friedman’s bill will also protect access to emergency abortions, requiring hospitals in the state to provide emergency abortions if deemed necessary by a health care provider.
“They can’t turn anyone away. They have to provide the care that’s going to save your life,” she said.
Last week, Massachusetts Democratic lawmakers passed a $1.3 billion budget bill that included a transgender sports ban. The bill also included a provision requiring the state to conduct a policy analysis for safety issues before the ban could be implemented and requiring the state legislature to pass a separate bill for the sports ban to go into effect.
The Republican who sponsored the amendment to ban trans students from playing on sports teams matching their gender identity was outraged that Democrats would remove the teeth from his amendment, but LGBTQ+ advocates criticized Democrats for advancing the anti-trans policy at all.
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