Massachusetts residents could seek out an “X” gender designation on their birth records under legislation the state Senate plans to consider Thursday alongside another bill that creates a pathway for homeless individuals to obtain state identification cards.
The Senate first plans to meet on Wednesday to tackle their rewrite of a $693 million spending bill the House passed two weeks ago before returning to the chamber on Thursday to debate the gender designation and state identification card bills.
Adding an “X” gender option to birth records would line them up with other state identification documents like driver’s license, which have allowed for a nonbinary gender designation since November 2019, said GLBTQ Legal Advocates and Defenders Attorney Chris Erchull.
“For those people who don’t identify as male or female, there’s no way to obtain a birth certificate that affirms their gender identity, which can be especially harmful for young people who sometimes that’s the only legal identification that they have,” Erchull said.
Any person over the age of 18, an emancipated minor, or parent or guardian of a minor could request to change their sex on a birth record to female, male, or “X” under the legislation sponsored by Sen. Jo Comerford, a Northampton Democrat.
People know what gender they are, Comerford said.
“This bill affirms the ability of people to choose a non-binary gender option on state documents and forms, which would align the Commonwealth with many other states that have adopted this designation,” Comerford said in a statement to the Herald.
The bill bars town clerks or other officials from requiring medical or other health-care related documents or a court order to change sex on a birth record. A person could also request to change their name on a birth record at the same time as their gender designation.
The Registry of Motor Vehicles would be required to report each year the number of people who choose an “X” designation on their driver’s license, learner’s permit, identification card, or liquor purchase identification card, according to the bill text.
Erchull said the gender designation bill has passed the state Senate before but has previously stalled out in the House Ways and Means Committee.
“I expect a very full-throated supported from the Senate,” Erchull said. “But, again, it’s going to be really imperative that the House finally take it up this year.”
A bill backed by Sen. Robyn Kennedy, a Worcester Democrat, would require the Registry of Motor Vehicles to create a process adults and unaccompanied youth experiencing homelessness to apply for a Massachusetts identification card.
Fees for obtaining an identification card would be waived and applicants would need to submit proof of residency by providing “documentation that is satisfactory to the registrar” from a homeless service provider or a state entity, according to the text of the bill.
The $513 million spending bill reported out of Senate Ways and Means on Monday comes in $180 million lower than the House version.
It reduces the amount of money reserved for collective bargaining agreements by $200 million — from $226 million to $26 million — but includes $20 million in natural disaster relief for farms and other areas affected by recent floods.
The flooding in Western Massachusetts “has just been catastrophic,” said Senate President Karen Spilka at a press conference in Hatfield on Monday.
“To say that it’s like once in a generation may not even be appropriate. It’s been just that catastrophic,” Spilka said. “… These are the crops that families and these communities rely upon for their paychecks and that this region depends on to drive not only this regional economy, but the entire state economy as well.”
Rep. Natalie Blais, a Sunderland Democrat, proposed a $20 million agriculture relief fund as an amendment to the House version of the spending bill, but it was not included in the final version.
After a series of torrential rains that caused flooding in some parts of Western Massachusetts, state agriculture officials reported roughly $15 million in damages to about 2,000 acres of farmland. Crops were soaked right before harvest time, leading to potential financial pitfalls for farmers.
At an event in Easthampton last week, Gov. Maura Healey said it was unlikely the federal government would send federal relief dollars to locals. The governor announced a private fundraiser to help farmers.
“I’m not holding my breath, none of us are and I want to be really clear about that,” she said.