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Woman standing on a balcony
Rikki Bates

Gender transition-related medical care is necessary medical care for many transgender people, but getting that care paid for can be a huge barrier.  Private and public insurers have traditionally simply excluded gender transition-related procedures from their coverage based on the unfounded assumption that treatment is experimental, elective, or cosmetic. Transgender people are disproportionately represented in prison, and they, too, have limited and, most often, no access to care.

GLAD is working across a range of contexts to guarantee access to medically necessary care for all transgender people, whatever their situation in life.  Each victory lays the groundwork for the next, because each time we establish the reality and legitimacy of transgender people’s medical needs, we make it easier for others to make the case.

  • GLAD worked with the Massachusetts Department of Corrections (DOC) to encourage DOC’s creation of an ombudsperson position to individually evaluate and develop medical treatment plans for transgender people in the prison system.  We are regularly in contact with several inmates who are challenging denials of health care.  We expect to regularly meet with the ombudsperson to continue to advocate for those inmates who are in touch with us.
  • GLAD is in the initial stages of bringing a case on behalf of a Massachusetts state employee denied surgical coverage by the Group Insurance Commission plan.
  • GLAD represents Rikki Bates (pictured above) in a challenge to MassHealth’s denial of coverage for gender transition-related surgery; GLAD had previously helped her successfully challenge MassHealth’s denial of her coverage for hormone therapy.
  • GLAD worked with the Massachusetts Department of Youth Services and other advocates to revise state policy to include gender transition-related care for youth in juvenile justice settings.  GLAD is working in Rhode Island to ensure this same result across both child welfare and juvenile justice settings.
  • In Connecticut, GLAD advocated on behalf of a transgender state employee who was initially denied coverage for his gender transition-related surgery because of a categorical exclusion in the state insurance plan.  GLAD worked with his union representative to secure a resolution from the union eliminating the insurance exclusion for all state employees.
  • By working with state insurance commissions, GLAD has expanded access to private insurance coverage in Vermont and Connecticut, where state insurance commissions issued bulletins to insurers advising that they could not exclude coverage for gender transition-related care.  In Vermont, this bulletin was followed by a revision of the state-sponsored insurance plans to remove exclusions in those plans.
  • GLAD is working with insurance commissions throughout the rest of the New England states to secure bulletins clarifying the impermissibility of exclusionary plans.
  • GLAD represents Michelle Kosilek in the appeal by the Massachusetts Department of Corrections of the federal district court’s order that she receive gender-transition surgery.
  • GLAD worked with the National Center for Lesbian Rights and the ACLU to successfully challenge Medicare’s exclusion of gender transition-related surgeries. A final ruling issued May 30 by the U.S. Department of Health and Human Services Department Appeals Board removes the threshold barrier to coverage for care for transgender people under Medicare.
  • GLAD represented Vanessa Adams, an incarcerated transgender woman, in a challenge to the federal Bureau of Prison’s (BOP) exclusion of medical treatment for persons who come into BOP without a treatment plan.  That case lead to a settlement in which BOP agreed to provide our client with treatment and also revised federal policy to eliminate its “freeze frame” policy.
  • مسرور successfully challenged the IRS’s denial of a taxpayer’s medical deduction for gender transition related care في O’Donnabhain v. IRS.  Now all transgender taxpayers can deduct their medically necessary transition-related expenses.
  • في Beger v. DMA, GLAD secured a Superior Court order ruling that the Division of Medical Assistance had to cover breast reconstruction surgery for a transgender woman, needed as the result of defective breast implants.

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حكمت المحكمة العليا في ولاية ماين اليوم بأن حرمان فتاة متحولة جنسياً من استخدام حمام الفتيات في مدرستها ينتهك حقوقها بموجب قانون حقوق الإنسان في ولاية ماين، والذي يحظر التمييز ضد الأشخاص المتحولين جنسياً.

clenchy-argument-photo القرار في دعوى GLAD دو ضد كلينشي تعد هذه هي المرة الأولى التي تحكم فيها محكمة الولاية بأنه يجب السماح للطلاب المتحولين جنسياً باستخدام الحمامات التي تتناسب مع شخصياتهم.
تقع على عاتق المدارس مسؤولية تهيئة بيئة تعليمية تُلبي احتياجات جميع الأطفال وتُوازن بينها، وتُمكّن كل طالب من النجاح. ويشمل ذلك للطلاب المتحولين جنسيًا الوصول إلى جميع مرافق المدرسة وبرامجها وأنشطتها اللامنهجية بما يتوافق مع هويتهم الجنسية. - جينيفر ليفي، مديرة مشروع حقوق المتحولين جنسيًا
نصّ الحكم جزئيًا على أن "[المدرسة] اتفقت مع عائلة سوزان ومستشاريها على أن سوزان، لهذا الغرض (كما هو الحال بالنسبة لجميع الأغراض الأخرى تقريبًا)، فتاة. وبناءً على قرارها بأن سوزان فتاة، وتماشيًا مع المعلومات التي قدمتها للمدرسة عائلة سوزان ومعالجوها وخبراء في مجال الأطفال المتحولين جنسيًا، قررت المدرسة أن سوزان يجب أن تستخدم حمام الفتيات". وقالت جينيفر ليفي، مديرة مشروع حقوق المتحولين جنسيًا في GLAD، التي رافعت في القضية أمام محكمة ولاية مين في 12 يونيو/حزيران: "هذا قرار بالغ الأهمية يمثل تقدمًا هائلاً للشباب المتحولين جنسيًا". "تتحمل المدارس مسؤولية تهيئة بيئة تعليمية تلبي احتياجات جميع الأطفال وتوازنها وتسمح لكل طالب بالنجاح. بالنسبة للطلاب المتحولين جنسيًا، يشمل ذلك الوصول إلى جميع مرافق المدرسة والبرامج والأنشطة اللامنهجية بطريقة تتفق مع هويتهم الجنسية". "الفتاة المتحولة جنسيًا هي فتاة ويجب معاملتها على هذا النحو في جميع النواحي، بما في ذلك استخدام دورة مياه الفتيات. يتوافق هذا الحكم مع ما خلص إليه المعلمون ولجان حقوق الإنسان - بما في ذلك لجنة حقوق الإنسان في ولاية مين - في جميع أنحاء البلاد،" قال بينيت كلاين، كبير المحامين في GLAD، والذي كان محاميًا مشاركًا مع ليفي في القضية. نشأت الدعوى القضائية بعد أن منع المسؤولون في مدرسة ابتدائية في أورونو نيكول ماينز، وهي فتاة متحولة جنسيًا كانت آنذاك في الصف الخامس، من استخدام دورة مياه الفتيات. كانت المدرسة قد سمحت سابقًا لنيكول باستخدام دورة مياه الفتيات لكنها تراجعت عن ذلك بعد سوء سلوك أحد الطلاب الذكور الذي تبع نيكول إلى تلك المنشأة. قال واين ماينز، والد نيكول: "نحن ممتنون للغاية ومرتاحون لأن المحكمة قالت إنه لا ينبغي تمييز ابنتنا لمعاملة مختلفة في المدرسة لمجرد أنها متحولة جنسيًا". كوالدين، كل ما كنا نتمناه هو أن تحصل نيكول وشقيقها جوناس على تعليم جيد وأن يُعاملا كزملاء في الصف، وهذا لم يحدث لنيكول. ما حدث لابنتي كان مؤلمًا للغاية لها ولعائلتنا بأكملها، لكننا الآن نستطيع طيّ هذه الصفحة الصعبة من حياتنا. نحن سعداء للغاية بمعرفة أنه بفضل هذا الحكم، لن يضطر أي طفل متحول جنسيًا آخر في ولاية مين إلى تحمّل ما عانته نيكول. مثّلت سوزان في الدعوى القضائية منظمة GLAD وجودي ل. نوفسينغر من مكتب بيرمان وسيمونز، بنسلفانيا. تعرّف على المزيد حول القضية واقرأ وثائق القضايا السابقة. هنا. اقرأ القرار كاملا هنا.

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Bangor, Maine, — Today, Maine’s highest court ruled that denying a transgender girl the use of the girls’ restroom at her school violated her rights under Maine’s Human Rights Act, which prohibits discrimination against transgender people. The decision in Gay & Lesbian Advocates & Defenders’ lawsuit دو ضد كلينشي تعد هذه هي المرة الأولى التي تحكم فيها محكمة الولاية بأنه يجب السماح للطلاب المتحولين جنسياً باستخدام الحمامات التي تتناسب مع شخصياتهم.

The ruling stated in part, “[The school] agreed with Susan’s family and counselors that, for this purpose (as for virtually all others), Susan is a girl.  Based upon its determination that Susan is a girl, and in keeping with the information provided to the school by Susan’s family, her therapists, and experts in the field of transgender children, the school determined that Susan should use the girls’ bathroom.”

“This is a momentous decision that marks a huge breakthrough for transgender young people,” said Jennifer Levi, director of GLAD Law’s Transgender Rights Project, who argued the case before the Maine Law Court on June 12. “Schools have a responsibility to create a learning environment that meets and balances the needs of all kids and allows every student to succeed. For transgender students this includes access to all school facilities, programs, and extracurricular activities in a way that is consistent with their gender identity.”

“A transgender girl is a girl and must be treated as such in all respects, including using the girls’ restroom. This ruling is consistent with what educators and human rights commissions – including the Maine Human Rights Commission — around the country have concluded,” said GLAD Law Senior Attorney Bennett Klein, who was co-counsel with Levi in the case.

The litigation arose after officials at an Orono elementary school denied Nicole Maines, a transgender girl who was then in fifth grade, use of the girls’ restroom. The school had previously allowed Nicole to use the girls’ room but reversed course after the misconduct of one male student who followed Nicole into that facility.

“We are very grateful and relieved that the Court said our daughter should not be singled out for different treatment at school simply because she is transgender,” said Wayne Maines, Nicole’s father. “As parents all we’ve ever wanted is for Nicole and her brother Jonas to get a good education and to be treated just like their classmates, and that didn’t happen for Nicole. What happened to my daughter was extremely painful for her and our whole family, but we can now close this very difficult chapter in our lives. We are very happy knowing that because of this ruling, no other transgender child in Maine will have to endure what Nicole experienced.”

GLAD Law and Jodi L. Nofsinger of Berman & Simmons, P.A. represented Susan in the lawsuit.

Learn more about the case and read previous case documents هنا.

Read the full decision here: دو ضد كلينشي

دو ضد كلينشي

  • In this 2014 breakthrough decision, Maine’s highest court ruled that denying a transgender girl the use of the girls’ restroom at her school violated her rights under Maine’s Human Rights Act, which prohibits discrimination against transgender people.
  • The decision on behalf of Orono, Maine student Nicole Maines, marked the first time a state court has ruled that transgender students must be allowed to use the bathrooms that match who they are.

خلفية القضية

GLAD Law represented a transgender teen girl whose Orono, Maine elementary and middle schools removed her from the girls’ restroom because of her transgender status and forced her to use a staff-only, non-communal restroom in isolation from her peers. Eventually, the parents were forced to withdraw their daughter and her twin brother from the Orono school system and move them to another part of the state where they could go to school quietly and safely.

The parents also filed a complaint with the Maine Human Rights Commission and ultimately decided to file a lawsuit on behalf of their daughter. GLAD Law represented Nicole along with Lewiston attorney Jodi L. Nofsinger of Berman & Simmons, P.A.

Timeline

January 30, 2014 – Victory! Maine High Court rules that denying a transgender girl the use of the girls’ restroom at her school violated her rights under the state’s Human Rights Act. Read the decision.

June 12, 2013 – GLAD Law Attorney Jennifer Levi presented argument on our client’s behalf before the Maine Law Court (Maine’s highest court). A decision is not expected for several months. Read the press release.

May 3, 2013 – Maine Chapter of the American Academy of Pediatrics and other child welfare organizations filed an amicus brief in the Maine Supreme Judicial Court on behalf of our client.

March 14, 2013 – GLAD Law filed an appeal brief in the Maine Supreme Judicial Court on behalf of our client.

November 20, 2012 – The Maine trial court judge granted summary judgment for the school. GLAD Law announced we will immediately appeal the decision. Read more.

September 19, 2012 – GLAD Law Attorneys Ben Klein and Jennifer Levi were in trial court in Bangor, Maine, for a summary judgment hearing in the case.

On January 30, 2012 – GLAD Law filed a motion for summary judgment arguing that Maine’s law prohibiting discrimination in schools on the basis of gender identity requires that a school provide a transgender girl with access to the girls’ restroom.

In May, 2011 – GLAD Law filed a complaint in Penobscot Superior Court outlining counts of discrimination in education and public accommodation, harassment, and infliction of emotional distress. The named defendants are the Superintendent of the Orono Schools Department, the Orono Schools Department, School Union 87, and Riverside Regional Schools Unit.

Why Doe v. Clenchy Matters for Transgender Youth Protections

The Doe v. Clenchy decision marked a breakthrough moment for affirming the rights of transgender students in public education. By recognizing that forcing a transgender girl to use a separate staff bathroom was discriminatory, Maine’s highest court set a powerful standard that schools must treat transgender youth with the same dignity and access as their peers. This ruling sent a clear message that a student’s gender identity is integral to their personhood and must be respected in everyday school life.

The case has become an important point of reference for legal advocates working to protect the safety, inclusion, and equal opportunity of transgender youth in schools. Because it was one of the first state supreme court decisions in the country to affirm these protections, it established a legal precedent that has shaped arguments in other cases across the United States. From local school policy changes to national conversions on equality in education, Doe v. Clenchy continues to influence how the law is applied to ensure that every student can learn without fear of being singled out or excluded.

Cases & Resources Advancing Transgender Youth Protections

Doe v. Clenchy is one of multiple landmark cases advancing transgender youth rights through the courts. In addition to this victory, GLAD Law signed onto briefs supporting the right of transgender students at Northern Essex Community College in Massachusetts to use restrooms consistent with their gender identity. Cases like G.G. v. Gloucester County School Board, Carcano v. McCrory, and other legal challenges across the country continue to affirm that denying restroom access or enforcing policies inconsistent with a transgender person’s gender identity is discriminatory.

GLAD Law Answers offers clear, personalized information about your legal rights and can help if you’re a transgender person facing a discriminatory situation. Reach out to find out how to protect your rights.

Help Protect and Defend Transgender Youth in Schools

Transgender students across the country are facing renewed attacks on their rights through discriminatory state laws and harmful executive orders from President Trump that target bathroom access. GLAD Law works every day to challenge these policies in court to defend the dignity of transgender youth and ensure that they can use the facilities that match their gender identity without fear. Your donation powers this critical legal work, helping to strike down these measures and protect the safety, equality, and well-being of transgender students across the United States.

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Today, GLAD represented a transgender girl before Maine’s highest court, arguing that her school had failed in its responsibility to treat her the same as other students.

“I was pleased to present Nicole’s case to the court today, and have been privileged to represent her and get to know her remarkable, strong, and supportive family,” said Jennifer Levi, director of GLAD’s Transgender Rights Project,following the argument.

“We have a strong case here of a young girl trying to go to school and learn, and the school failing to protect her. I feel confident that we got a fair hearing from the court, and I look forward to their decision.”

As a middle school student in Orono, Maine, Nicole Maines was treated like other girls until a male classmate followed her into a girls’ room.

The school addressed the boy’s bad behavior by focusing on Nicole, forcing her to use a staff bathroom separate from the other girls. Eventually, the parents were forced to withdraw their daughter and her twin brother from the Orono school system and move them to another part of the state where they could go to school quietly and safely.

Nicole also spoke after the argument saying, “I want all transgender kids to be able to go to school and not have to worry about being treated unfairly or bullied. I’ve been very lucky to have a family that’s stood by me and stuck up for me, and I’m really grateful for them.”

The decision in the case, دو ضد كلينشي, is not expected for several months. GLAD Attorneys Jennifer Levi and Ben Klein are representing the daughter along with Lewiston attorney Jodi L. Nofsinger of Berman & Simmons, P.A.

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Today, the Maine Chapter of the American Academy of Pediatrics and other child welfare organizations filed an amicus curiae (“friend of the court”) brief with the Maine Supreme Judicial Court in support of a transgender girl who experienced discrimination and harassment at her Orono school.

The student, known by the pseudonym Susan Doe, and her parents have filed a lawsuit against the Orono school district alleging violations of a statewide law prohibiting discrimination based on gender identity and expression in all areas, including public education and public accommodations.

Besides the pediatric organization, other signatories on the brief are: the Maine Psychological Association, the National Association of Social Workers – Maine Chapter, the Maine Women’s Lobby; Parents, Families and Friends of LGBT People (PFLAG) Portland; PFLAG Machias, PFLAG National; Gay, Lesbian and Straight Education Network (GLSEN) Southern Maine; GLSEN Downeast Maine; Trans Youth Equality Foundation; and Maine Transgender Network, Inc.

The brief states that transgender children need to be treated like any other girls and boys in all aspects of school life – including access to bathrooms consistent with their gender identity – in order to succeed in their educational, social and emotional development.

“Transgender children thrive when they are treated like other girls and boys, and they are harmed when they are singled out and made to feel—and to be seen by others—as different,” the brief states. “This singling out and differential treatment inevitably stigmatizes these young people in the eyes of their peers. That can lead to social isolation which predictably also disrupts their ability to learn. In addition to this immediate negative impact, the resulting stigma from singling out transgender children and branding them as ‘different’ or ‘deficient’ can do serious and irreparable harm to their long-term emotional and psychological development.”
Gay & Lesbian Advocates & Defenders (GLAD) and Jodi L. Nofsinger of Berman & Simmons, P.A. are representing Susan Doe in the lawsuit, known as دو ضد كلينشي. The litigation arose after officials at an Orono elementary school denied the student, who was then in the fifth grade, use of the girls’ restroom. The school had previously allowed Doe to use the girls’ room until it reversed course after the misconduct of one male student who followed Susan into that facility.
Shannon Price Minter, the legal director of the National Center for Lesbian Rights, authored the brief on behalf of the amici, with assistance and cooperation from Richard O’Meara of Murray Plumb & Murray. O’Meara is local counsel for the amici.
“It’s heartening that a respected group of medical professionals like the Maine Chapter of the American Academy of Pediatrics and other experts are underscoring for the court how critical it is for transgender children to be fully integrated into the life of their schools, and how detrimental is when they aren’t,” said Minter. “This is not just a legal issue. Research and experience show that when transgender youth have the support of their families, their schools and other institutions central to their lives, they can thrive and grow into happy, healthy adults.”
You can read the brief هنا.
For more information about the litigation visit https://www.gladlaw.org/work/cases/doe-v.-clenchy.
The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education.

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GLAD has filed an appeal in the Maine Supreme Judicial Court on behalf of our client Susan Doe,  a transgender girl who experienced discrimination and harassment at her Orono school.

GLAD initially filed the lawsuit, known as دو ضد كلينشي, after officials at an Orono elementary school denied our client the use of the girls’ restroom and other facilities and restricted her participation in school activities. The school had previously allowed Doe to use the girls’ restroom without incident until one of her male classmates began making it an issue with coaching from his grandfather. Eventually, the parents were forced to withdraw their daughter and her twin brother from the Orono school system and move them to another part of the state where they could go to school quietly and safely.  This appeal comes after summary judgment was granted to the Orono school system in the Trial Court in November 2012.

“Our client was made an outcast by school officials over the course of two years simply because of who she is, in violation of Maine anti-discrimination law,” says GLAD Senior Attorney Ben Klein. Adds Jennifer Levi, director of GLAD’s Transgender Rights Project, “Under Maine law, a transgender girl – whom the school acknowledged is a girl – needs to be able to live consistent with her gender. The school acknowledged that Susan could not otherwise progress in her academic development.”

Maine has a statewide law prohibiting discrimination against people based on gender identity and expression in all areas, including public education and public accommodations.

اقرأ المزيد عن القضية

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PORTLAND – Almost one month after Maine began allowing same-sex couples to marry, a recent survey shows that a majority of voters remain solidly supportive of the new law and that the vast majority of Mainers have felt no negative impact.

Public Policy Polling, in a survey conducted Jan. 18-20, found that 53 percent of Maine voters think marriage for same-sex couples should be allowed while only 43 percent think it should not. Despite the overhyped predictions of opponents of marriage, the vast majority of voters have seen no negative effects from the new law.

“Seventy-eight percent of Maine voters – including a majority of people who voted against it in November – say that gay marriage being legal in the state is not having an adverse impact on their lives,” said Dean Debnam, president of Public Policy Polling, in a press release on Friday. “For all the debate over the years, it’s turning out not to be a big deal for the vast majority of voters in the state.”

Maine’s freedom to marry law took affect on Dec. 29. Since that time, hundreds of same-sex couples have received marriage licenses from the state and have gotten married.

“We’ve seen support for marriage continue to grow as more and more loving and committed couples have married,” said Betsy Smith, executive director of EqualityMaine. “Starting on that first night, the joy of marriage has spread to hundreds of families who have been waiting, in some cases for decades, for the chance to say ‘I do’ and accept the joy and responsibility that comes from being married.”

Implementation of the new law has gone well.

“Local and state governmental officials have helped to make sure the new law has been implemented smoothly and that same-sex couples have been able to receive marriage licenses quickly and easily,” said Lee Swislow, executive director of Gay & Lesbian Advocates & Defenders. “Opponents of marriage have used horror stories to scare people away from marriage for years. But time and time again, the things they predict don’t happen. An overwhelming majority of Maine voters, even some of those who might have voted against marriage, now know for sure that allowing loving, committed same-sex couples to marry doesn’t hurt anyone else.”

For more information about Maine’s marriage laws, visit https://www.gladlaw.org or www.equalitymaine.org.

أخبار

Married same-sex couples in Maine will be able to file their state taxes jointly as married, as reported in this Portland Press Herald article.  For more information, contact GLAD’s InfoLine at 1-800-455-GLAD or gladlaw@glad.org .

December 29, 2012 is the earliest date that marriage licenses can be issued to same-sex marriage partners in Maine.  In addition, the new law extends legal recognition to same-sex marriages validly licensed and performed in other states.

To view the official Tax Alert from Maine Revenue Services, click here.

أخبار

Same-sex couples will be able to begin marrying in Maine December 29, 2012. GLAD, in conjunction with EqualityMaine and Maine Women’s Lobby, held a webinar to answer common questions couples considering marriage may have.

موارد

Marriage in Maine: The Basics

Information on Marriage Licenses

Resources for Marrying/Weddings at EqualityMaine.org

Maine CDC Letter to Municipal Clerks Regarding Marriage for Same-sex Couples

Marriage Tips and Traps

Legal Rights, Protections, and Obligations for Married Families

How DOMA Hurts Americans – information about the current impact of the federal Defense of Marriage Act on married same-sex couples

If you have specific questions about your situation, please contact GLAD’s free and confidential Legal InfoLine at 800-455-GLAD or www.gladlaw.org/rights

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