Can a transgender man (female to male) go topless the same as a cis gendered male? Does it matter if the transgender man is pre or post op?
It’s Ambiguous
David M. Owens
First off, let me apologize in advance if I get any terminology wrong, please chaulk it up to my unfamiliarity and not intential offense. Massachusetts laws regarding topless behavior are sort of vague so it’s really impossible to give you a real answer. Mass has laws prohibiting indecent exposure (MGL 272, section 53) basically make it a crime for there to be nudity when it causes alarm on the part of the public. Normally, this law is reserved for genital exposure, but it is unclear whether it applies to topless nudity as well. Also, many towns have their own specific ordinances banning topless women in public.
If you are post-op and legally male, you probably are fine. If you still appear female to the general public, it may be more complicated. My guess is that there is no actual answer here, as the law probably has not caught up in this area yet, even in Massachusetts.