• 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.

Case Background

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.