6-9-22 (CLEAN) Amendment Gender Affirming Care and Reproductive Healthcare Protections — File 213830

CITY OF SOMERVILLE ORDINANCE NO. 2022- IN CITY COUNCIL: ________, 2022 AN ORDINANCE SECURING THE RIGHTS OF INDIVIDUALS SEEKING GENDER AFFIRMING CARE AND REPRODUCTIVE HEALTHCARE Be it ordained by the Somerville City Council in session assembled, that Chapter 2, Article I of the Code of Ordinances of the City of Somerville is hereby amended by adding the following section: Sec. 2-7 – Securing the rights of individuals seeking gender affirming care and reproductive healthcare. (a) Purpose. The purpose of this ordinance is to reaffirm our city as a welcoming community, to declare again that all are welcome here, and to continue to increase public confidence in Somerville’s government by clearly stating guiding values and standards associated with our city’s involvement in any civil or criminal action originating in another jurisdiction related to the provision of gender affirming and reproductive healthcare. (b) Preamble. In recent years, a rising number of states are threatening the lives of transgender and non-binary people by criminalizing and restricting access to gender affirming care, even going so far as to attempt to criminalize traveling out of state to seek such care. Similarly, access to reproductive healthcare has been materially restricted by many states in recent years and, if the Supreme Court issues a decision in Dobbs v Jackson Women’s Health Organization that significantly weakens or overturns the protections established in Roe v Wade, states may decide to further criminalize reproductive healthcare, as several have indicated is their intent. The City of Somerville should not participate in the enforcement of another state’s civil or criminal law when that law seeks to deny an individual’s right to bodily autonomy. Further, it is contrary to the City of Somerville’s public policy to criminalize a person’s efforts to live as their full, authentic self, and thus the City’s resources should not be expended toward that end. (c) Definitions. (1) Gender-affirming healthcare means all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature relating to the treatment of gender dysphoria. (2) Gender expression means the external representation of gender as expressed by an individual including, but not limited to, through clothing, haircut, behavior, voice, or body characteristics (3) Gender identity means an individual’s deep internal sense of being female, male, a combination of both, or neither. (4) Transgender refers to an individual whose gender identity is different from their assigned sex at birth, and encompasses both binary and non-binary identities. (5) Reproductive healthcare means all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature relating to pregnancy, contraception, assisted reproduction, miscarriage management, or the termination of a pregnancy. (d) Equal treatment. It is the established policy of the City of Somerville, as expressed in Somerville Code of Ordinances Section 2-237 and elsewhere, that the City of Somerville shall treat all individuals equally,

enforce laws, and serve the public regardless of an individual’s gender identity. An individual’s gender identity or expression shall have no bearing on an individual’s treatment by employees or officers of city agencies or departments. (e) Role of the police department. The police department of the City of Somerville shall not: (1) initiate investigations or take law enforcement action on the basis of an individual seeking or providing gender-affirming healthcare or reproductive healthcare, or on the basis of an individual’s gender identity; or (2) provide information or assistance to a federal law enforcement agency or any other state’s law enforcement agency or any private citizen or quasi-law enforcement agent in relation to an investigation or inquiry into the provision of gender-affirming healthcare or reproductive healthcare, if such services would be lawful as provided if they occurred entirely in the commonwealth. (f) Requests for information. No officer or employee of the City of Somerville, including the police department, shall comply with any request for information pertaining to any civil or criminal action regarding gender- affirming healthcare or reproductive healthcare if such services would be lawful as provided if they occurred entirely in the commonwealth; provided, that they are not required to do so by Massachusetts or federal law, or as required by the Massachusetts Public Records law pursuant to Chapter 66 of the General Laws and its regulations. (g) Complaints. Allegations of violations of this ordinance may be filed by any method provided for filing of complaints, including without limitation with the personnel department or, in the case of a complaint against an officer or employee of the police department, the Department’s Internal Affairs office, who shall investigate the complaint and take appropriate disciplinary action. (h) Reporting. Beginning on the date of passage of this ordinance and every six months thereafter, the Chief of the police department shall submit to the mayor and the city clerk a report on the number and type of requests received, if any, from other jurisdictions for assistance or information related to civil or criminal action on the basis of an individual or entity providing, allowing, or seeking gender affirming care or reproductive healthcare. Such report will be placed on the agenda of the next-occurring meeting of the city council. (i) Enforcement. (1) A violation of this ordinance constitutes an injury and a rebuttable presumption of harm to the individual (a) who sought or provided gender affirming care or reproductive healthcare and/or (b) who was targeted on the basis of their gender identity in a manner prohibited by this ordinance. (2) Any individual harmed by an alleged violation of this ordinance may bring a civil action in a court of competent jurisdiction for injunctive relief, declaratory relief, or writ of mandamus to enforce this ordinance. A plaintiff who is the prevailing party in such proceedings shall be entitled to costs and attorney’s fee to the extent permitted by law. Nothing in this ordinance shall be construed to limit or affect any individual’s rights under state or federal laws. (3) An action instituted under this paragraph may be brought against the City of Somerville, the respective department of the City of Somerville, and, if necessary to effectuate compliance with this ordinance, any other governmental agency with possession, custody, or control of information subject to this ordinance. (j) Effective date.

(1) The provisions of this ordinance shall be effective immediately upon passage. (2) All policies, practices, procedures, directives, and training necessary to effectively and faithfully implement this ordinance shall be promptly developed and promulgated by the mayor, the police department, and all other relevant entities. (3) The policies, practices, procedures, directives and training materials shall be forwarded to the city council within ten (10) business days after enacted. (k) Severability. The provisions in this ordinance are severable. If any part or provision of this ordinance, or the application of this ordinance to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall continue to have full force and effect. Approved: President Approved: Mayor