Election 2018: MA Backs 'Gender Identity' Protections

BOSTON, MA — The statewide ballot question that sparked the most debate leading up to Tuesday's election — limiting the ratio of registered nurses to patients —was defeated, but voters upheld a law the governor signed in 2016 adding "gender identity" to the list of groups protected against discrimination.

Voters also okayed appointing a commission to make recommendations for a U.S. constitutional amendment to regulate campaign spending.

Check here for results on everything else.

QUESTION 1. Patient-nurse limits: Defeated.

This ballot measure proposed to limit how many patients could be assigned to each registered nurse in hospitals and other healthcare facilities. The maximum number of patients per nurse would vary by type of unit and level of care.

"We didn't win an office, what we won was the ability to continue to provide the best possible care for our patients throughout Massachussetts," said a spokesperson for the No on 1 campaign just after 9:30 p.m. "Tonight voters endorced high quality care at our hospitals."

Question 1 forced some necessary conversations, he said noting the conversations would continue.

The proposal would also have required every facility to develop a tool to evaluate the condition of each patient, which would be used by nurses in deciding whether the limited number of patients should be lower than the limits of the proposed law at any given time, according to a summary by the Secretary of the Commonwealth William Galvin's office.

The Health Policy Commission would oversee the implementation and evaluation of the law if it is ad0pted. Hospitals failing to comply with the limits could get a civil penalty of up to $25,000 per violation, according to the summary from Galvin's office.

Read the ballot measure here.

A yes vote would limit the number of patients that could be assigned to each registered nurse in hospitals and certain other health care facilities across the state.

A no vote would make no change in current laws.

• At last count: the AP had 2172 of 2173 Precincts (or 99 percent reporting). And 1,847,037 voters, or 70 percent of voters, chose No.

QUESTION 2. Election spending commission: Approved

This proposal would create a commission to consider amendments to the U.S. Constitution "to establish that corporations do not have the same Constitutional rights as human beings and that campaign contributions and expenditures may be regulated," according to a summary from Galvin's office. It would be a long process.

The proposal would establish a volunteer commission to research and issue a report regarding the impact of political spending in Massachusetts; any limitations on the state’s ability to regulate corporations; recommendations for constitutional amendments; create an analysis of constitutional amendments introduced to Congress; and make recommendations for advancing proposed amendments to the U.S. Constitution, according to the summary.

The commission would be subject to the state Open Meeting and Public Records laws and the Secretary of the Commonwealth would be required to deliver the commission’s report to the state legislature, the U.S. Congress and the president.

Read the ballot measure here.

A yes vote would create the citizens commission to propose amendments to the U.S. Constitution to limit the influence of money in elections and establish that corporations do not have the same rights as human beings.

A no vote would not create this commission.

• According to the AP with 2172 of 2173 Precincts (or 99 percent) Reporting the Yes camp won. The tally: 1,853,886, or 71 percent, voted yes.

QUESTION 3. Gender anti-discrimination law: Upheld

Ballot Question 3 concerns the country’s first statewide referendum on transgender rights, passed in 2016 and signed into law by Gov. Charlie Baker.

The law added the term "gender identity" to the list of groups protected against discrimination in places like hotels or stores, a list that now includes race, color, religious creed, national origin, sex disability and ancestry.

"Gender identity” is defined as a person’s sincerely held gender-related identity, appearance, or behavior, whether it differs from that traditionally associated with the person’s physiology or assigned sex at birth.

The law requires any place that has separate areas for males and females (such as restrooms) to allow access to and full use of those areas consistent with a person’s gender identity. The law also prohibits the owner or manager from using advertising or signage that discriminates on the basis of gender identity.

The state Commission Against Discrimination would oversee the rules or policies and make recommendations to carry out this law, according to a summary from Galvin's office.
Read the ballot measure here.

A yes vote would keep in place the current law, which prohibits discrimination on the basis of gender identity in places of public accommodation.
A no vote would repeal this provision.

• At last count the AP had, 2172 of 2173 Precincts - or 99 percent — reported 1,788,574,or 67.77 percent of voters, chose Yes.

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Photos by Jenna Fisher/Patch Staff