“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The above text is Section 1 of the 14th Amendment to the Constitution of the United States of America. It’s the basis for so many of the rights we enjoy as Americans. The key element to the to the whole section is the last line “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” That key statement made the Bill of Right applicable to the states as well as the federal government. It was a great thought.

But in America, well, in the world, there are “textbook” definitions and there is reality. The reality is that the 14th Amendment was required to force states during the period after the United States Civil War to recognize the rights of persons of color after 300 years of oppression. They even went so far as to add the following to ensure these rights were protected:

“The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”

That is the fourth section of the Amendment. It gives the Congress the right to make laws to enforce these rights. Thus laws such as the various Civil Rights Acts, Americans with Disabilities Acts, pay equity, equal housing, all of these laws stem from this amendment.

But why are these laws needed? Persons of Color, women, essentially everyone should already be protected under this law. The text says so. The reality is, however, that unless these rights are specified, then the rights do not exist. And that makes me very angry.

It makes me angry that there had to be a civil rights struggle, or a woman’s movement and yes, even a size acceptance movement. As an American, I find it insulting that I have to fight to get a law passed declaring that I am equal to other people. I am disgusted that there is reason to believe that I wasn’t before. I was born in this country, automatically making me a citizen, I should not be a special subset in need of protection—no one should because of the 14th Amendment—but now, much like other groups who have found wanton discrimination, such as people of color, women, and the myriad of other classes of people whom the 14th Amendment is intended to protect, I must go hat in hand to the lawmakers and beg them for the rights ascribed and endowed to me like Oliver Twist asking for another bowl of porridge.

Persons of size find themselves in lower economic strata then those that are similarly educated and considered a “normal” size. There are fewer employment opportunities if you are a fat person. I have spoken with executives in large corporations who have stated that they equate obesity with laziness. This is the essence of discrimination; formulating opinions about others not based on their individual merits but, rather, on their membership in a group with similar characteristics. As a result, persons of size need to become a protected class.

This Wednesday, January, 27th, there will be a hearing in the Massachusetts Joint Committee on Labor and Workforce Development on House Bill 1850, which will prevent discrimination in the areas of employment, housing, and public accommodations based on height or weight. This is a chance to start a new civil rights movement…for persons of size.
So this is a call to arms…especially for those in Massachusetts, the state that I grew up in and still have many great friends in. I encourage you to attend and testify at the hearing. I also encourage you to write the sponsors of the bill, your local state representative and state senator and even Governor Deval Patrick.

Testimonials of support can also be written to:

Senator Thomas McGee
Senate Chair, Joint Committee on Labor and Workforce Development
State House — Room 112
Boston, MA 02133

Representative Cheryl Coakley-Rivera
House Chair, Joint Committee on Labor and Workforce Development
State House — Room 39
Boston, MA 02133

E-mails to the author of the bill, Representative Byron Rushing can be sent to Representative Rushing’s Legislative Aide, Tracy Choi. Her email is Tracy.Choi@state.ma.us

Ms. Choi is also the contact for more information on the bill and can be reached at the above email or by phone at (617) 722-2006.

If you want to write Governor Patrick, you can do so at this address:

Governor of the Commonwealth of Massachusetts
Deval Patrick
State House
Boston, MA 02133

The governor can also be contacted via his webmail form here

In any case, this is the first major movement in size acceptance rights on a state level since the Elliott-Larsen Act in Michigan in 1976. So it very well could start a trend. Nevada has also been considering such legislation and more could follow. Massachussetts has been a trend setter in the expansion of human rights as of late, no matter how controversial.

This is the first step of an even longer journey. But it is one that must be made. I wish the citizens of Massachusetts good luck in this quest, as we all need you to make it a reality.