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Nouvèl

Maine’s new freedom to marry law, which allows same-sex couples to receive a marriage license, will take affect on Saturday, Dec. 29.

According to the Office of the Secretary of State, the certified election results for the state were signed off on by Gov. Paul LePage on Thursday, Nov. 29. The new law becomes effective 30 days from that date.

“The long wait for marriage for same-sex couples in Maine is almost over,” says Betsy Smith, the executive director of EqualityMaine. “Before the end of this year, all loving and committed couples in Maine will be able to stand before their friends, family and community and make a lasting vow to be there for one another.”

On Nov. 6, Maine became the first state to allow committed same-sex couples to receive a marriage license through a popular vote of the people.

While the law allows for same-sex couples to marry, there are a number of questions remaining concerning the implementation of law and the implications of potential action today in the U.S. Supreme Court concerning federal marriage law.

GLAD and EqualityMaine will make more information available concerning Maine’s first same-sex marriages when it becomes available. Planning is underway for an informational webinar to take place later this month.

GLAD has written an overview of the new law, which can be found at www.gladlaw.org.

Anyone with questions about the law or issues related to marriage in Maine can contact GLAD’s Legal InfoLine at 800-455-GLAD or www.gladlaw.org/rights.

“There is much to celebrate as we move closer to marriage for same-sex couples in Maine,” says Lee Swislow, the executive director of Gay & Lesbian Advocates & Defenders. “We will continue to work closely with state officials and with couples who want to get married to answer as many questions as we can about Maine’s new law.”

Maine Question 1, An Act To Allow Marriage Licenses For Same-Sex Couples And Protect Religious Freedom, was approved by the voters 53 to 47 percent.

This Act:
• Repeals the provision that limits marriage to one man and one woman;
• Authorizes marriage between any two persons who meet the other 
marriage requirements of state law;
• Specifies that a marriage between two persons of the same-sex in another state that is valid in that state is valid and must be recognized in Maine; and
• Provides that a member of the clergy is not required to perform and a religious institution is not required to host or perform a marriage in violation of religious beliefs, and that refusal cannot be the basis for a lawsuit or legal liability, and
will not affect the tax-exempt status of the religious institution.

Nouvèl

Today, a Maine trial court judge dismissed the case of a transgender girl who experienced discrimination and harassment at her Orono school. GLAD, which is representing the student in the lawsuit, announced it will immediately appeal the decision.

“Our client Susan Doe is a transgender girl who was made an outcast by school officials and was subjected to severe bullying over the course of two years simply because of who she is, in violation of Maine anti-discrimination law,” said GLAD Senior Attorney Ben Klein, who argued in the case on behalf of the student. “The judge is wrong on the law and ignored critical facts in making his decision.”

“We will appeal this decision,” said Jennifer Levi director of GLAD’s Transgender Rights Project. “We always knew that the trial court was just the first step and that this lawsuit would ultimately be decided by Maine’s highest court. “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.

GLAD filed the lawsuit, known as Doe kont Clenchy, after officials at an Orono elementary school denied a transgender girl 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. Doe also suffered a campaign of harassment and bullying for over two school years at the hands of this classmate, whom the school failed to discipline. Eventually the bullying got so bad 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.

GLAD and attorney Jodi L. Nofsinger of Berman & Simmons, P.A. are representing Susan Doe.

Attorney Klein argued the case at before Penobscot County Superior Court Judge William R. Anderson on Sept. 19.

Nouvèl

Gay & Lesbian Advocates & Defenders (GLAD) is celebrating today’s ballot vote in favor of marriage equality for same-sex couples in Maine, with the passage of Question 1: “Do you want to allow the State of Maine to issue marriage licenses to same-sex couples?”

“Tonight we are thrilled, grateful, and humbled,” said Lee Swislow, Executive Director of GLAD.  “We give our heartfelt congratulations and thanks to the people of Maine for listening with open hearts and minds, and embracing equality for gay and lesbian citizens.”  She added, “Mainers United for Marriage ran a superb campaign, and I can’t praise all of the campaign staff and volunteers enough.”

Mary L. Bonauto, GLAD’s Civil Rights Project Director and a Maine resident said, “Winning marriage in Maine is profoundly important to those of us living here, including me and my family.  Now we can expect to see an outbreak of happiness, as couples – whether together for months or decades – can finally make that commitment to one another.  I am very proud of Mainers for sharing their concerns, hearing our stories and finding the common ground to vote yes.”

An initiative approved by the voters becomes effective 30 days after the Governor proclaims the results of the election.  The Governor’s proclamation can come up to 10 days after the Secretary of State completes tabulating the election results.  The Secretary has up to 20 days to complete those tabulations.  So the earliest that marriage licenses will be available to same sex couples will be 30-plus days and at most 60 days after the election.

GLAD salutes its coalition partners EqualityMaine, Maine Women’s Lobby, the American Civil Liberties Union of Maine, and EngageMaine, as well as national partner organizations Freedom to Marry, the Human Rights Campaign, and the Task Force.

The road to marriage equality began 6 years ago with a coalition decision to proceed with public education efforts and marriage legislation. In 2009, Maine became the first state to pass marriage equality legislation and have it signed by a governor.  The victory was rescinded in November 2009 when voters approved a ballot question vetoing that law before it went into effect.  The coalition regrouped, ran a two-year public education campaign, and decided in January 2012 to proceed directly to ballot.

Marriage equality has been won in other states through courts (Massachusetts, Connecticut, Iowa) and through legislatures (the District of Columbia, New Hampshire, Vermont, and New York).  GLAD brought the ground-breaking Massachusetts lawsuit, Goodridge kont Depatman Sante Piblik la, as well as the Connecticut lawsuit Kerrigan kont Depatman Sante Piblik la.

Mainers who have questions about when and how they can marry, can contact GLAD’s Legal InfoLine at 1-800-455-GLAD or gladlaw@glad.org.

Nouvèl

Mainers have said YES to marriage equality and soon all Mainers will be able to marry the person they love.

“Tonight we are thrilled, grateful, and humbled,” says Lee Swislow, GLAD’s Executive Director.  “We give our heartfelt congratulations and thanks to the people of Maine for listening with open hearts and minds, and embracing equality for gay and lesbian citizens. Mainers United for Marriage ran a superb campaign, and I can’t praise all of the campaign staff and volunteers enough.”

Mary L. Bonauto, GLAD’s Civil Rights Project Director and a Maine resident adds, “Winning marriage in Maine is profoundly important to those of us living here, including me and my family.  Now we can expect to see an outbreak of happiness, as couples – whether together for months or decades – can finally make that commitment to one another.  I am very proud of Mainers for sharing their concerns, hearing our stories and finding the common ground to vote yes.”

An initiative approved by the voters becomes effective 30 days after the Governor proclaims the results of the election.  The Governor’s proclamation can come up to 10 days after the Secretary of State completes tabulating the election results.  The Secretary has up to 20 days to complete those tabulations.  So the earliest that marriage licenses will be available to same sex couples will be 30-plus days and at most 60 days after the election.

GLAD salutes its coalition partners EqualityMaine, Maine Women’s Lobby, the American Civil Liberties Union of Maine, and EngageMaine, as well as national partner organizations Freedom to Marry, the Human Rights Campaign, and the Task Force.

The road to marriage equality began 6 years ago with a coalition decision to proceed with public education efforts and marriage legislation. In 2009, Maine became the first state to pass marriage equality legislation and have it signed by a governor.  The victory was rescinded in November 2009 when voters approved a ballot question vetoing that law before it went into effect.  The coalition regrouped, ran a two-year public education campaign, and decided in January 2012 to proceed directly to ballot.

Mainers who have questions about when and how they can marry, can contact GLAD’s Legal InfoLine at 1-800-455-GLAD or www.gladlaw.org/rights.

Maine Same-Sex Marriage Referendum

Victory! Maine voters say YES to marriage equality

On November 6, 2012, Maine voted yes to marriage equality, becoming the first state in the country to win marriage equality at the ballot. Maine Question 1, An Act to Allow Marriage Licenses For Same-Sex Couples and Protect Religious Freedom, was approved by the voters of Maine 53 to 47 percent.

GLAD Law supported this marriage equality campaign in coalition with EqualityMaine, Maine Women’s Lobby, the American Civil Liberties Union of Maine, and EngageMaine, as well as national partner organizations Freedom to Marry, the Human Rights Campaign, and the Task Force.

The road to marriage equality in Maine began 6 years prior with a coalition decision to proceed with public education efforts and marriage legislation. In 2009, Maine became the first state to pass marriage equality legislation and have it signed by a governor. The victory was rescinded in November 2009 when voters approved a ballot question vetoing that law before it went into effect. The coalition regrouped, ran a two-year public education campaign, and decided in January 2012 to proceed directly to ballot.

The law took effect on December 29, 2012.

Nolan v. Labree

Addressing the issue of parentage in gestational surrogate births for the first time, the Maine Supreme Judicial Court on May 3, 2012 ruled that District Courts have the authority under current law to determine who a child’s parents are when the child is conceived through procedures like in vitro fertilization and then carried and delivered by another person.

The case, Nolan v. LaBree, involved a married couple from Massachusetts (the Nolans) in which the wife was unable to carry a pregnancy to term because of prior medical issues. That couple worked with a married couple from Maine (the LaBrees), in which the spouses agreed that Mrs. LaBree would carry a child for the Nolans created from the Nolans’ genetic material. Under a doctor’s care and supervision, the Nolans’ egg and sperm were joined, and the resulting embryo was then placed in Mrs. LaBree, who delivered the child in December 2010. The Nolans were with their son in the hospital and took him home when they were discharged.

All of the adults agreed that the Nolans were the sole parents of this child. However, because Mrs. LaBree gave birth, she and her husband were listed on the birth certificate as the child’s parents. Both the Nolans and LaBrees went to court to clarify that the Nolans are the child’s parents.

A District Court Judge found that Mr. Nolan was a parent but ruled that it did not have the power to determine maternity in a gestational carrier context, because in the Judge’s view, parentage is determined by birth. As a result, Mrs. Nolan was found to be a de facto parent, and Mrs. La Bree remained the “mother.”

The Main Supreme Judicial Court’s opinion vacated the District Court ruling and clarifies that existing law empowers the District Court to determine “parentage,” which means paternity and maternity, including in the context of gestational surrogacy. With a declaration of maternity, the Nolans can obtain a new birth certificate listing them as the sole parents of their son.

GLAD filed an amicus brief in the case on behalf of medical doctors, infertility organizations, and attorneys who specialize in reproductive technologies, including:

• American Society for Reproductive Medicine
• American Academy of Assisted Reproductive Technology Attorneys (AAARTA)
• RESOLVE
• American Fertility Association,
• New England Fertility Society
• Reproductive Science Center of New England
• Boston IVF. and
• Society for Assisted Reproductive Technology.

Joining GLAD in the amici brief were Patricia A. Peard and Kaim W. McGintee of Bernstein Shur, Sawyer & Nelson, and attorneys from the American Academy of Assisted Reproductive Technology Attorneys.

Additional amici briefs were filed by Concerned Maine Attorneys who specialize in family and child welfare law, authored by Catherine Connors, Nolan L. Reichl, and Kyle N. Kirby of Pierce Atwood; the Maine Attorney General’s Office, and John Sheldon, all seeking this same result.

NOM kont McKee

Nan dat 31 janvye 2012, Lakou Apèl Premye Sikwi Etazini an te rejte tout reklamasyon Òganizasyon Nasyonal pou Maryaj (NOM) yo ki te di lwa "komite kesyon bilten vòt" eta a pa konstitisyonèl. Lwa sa a egzije pou sèten moun ak donatè ki ranmase oswa depanse lajan pou enfliyanse yon kanpay enskri nan eta a epi fè rapò peryodik sou kontribitè ak depans li yo.

GLAD te depoze yon zanmi yon dokiman, ansanm ak Pierce Atwood LLP, pou sipòte Eta Maine k ap diskite ke divilgasyon an sèvi enterè piblik la nan transparans ak yon elektora enfòme.

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Gay & Lesbian Advocates & Defenders’ Transgender Rights Project and Realty Resources Hospitality, which operates six Denny’s restaurants throughout Maine, are pleased to announce an agreement resolving a lawsuit brought by Brianna Freeman, a transgender woman who was denied access to the women’s restroom at a Denny’s in Auburn, Maine.

Realty Resources Hospitality has agreed that at all of the restaurants it operates, all transgender individuals, including Ms. Freeman, will have access to the restroom consistent with their stated gender identity.

“GLAD is pleased with the results of this case,” said GLAD Attorney Janson Wu.  “We’re happy to have had the opportunity to work with business leaders to make Maine’s business establishments open and welcoming to all potential customers.”

“We recognize and support Ms. Freeman’s gender transition over the past three and half years, said Brian Mesley, a spokesperson for Realty Resources Hospitality.  “Her transition and this lawsuit presented a new issue for us.  It has been an educational process, and we reaffirm our commitment to provide top-notch services to all our customers.  We believe the resolution of this case will work well for all of our customers and preserved the dignity and safety of all.”

The agreement brings to a conclusion Freeman v. Realty Resources Hospitality LLC, which Gay & Lesbian Advocates & Defenders filed in Androscoggin Superior Court in 2009 on behalf of Ms. Freeman after she had been told by the manager of the Auburn Denny’s that she could not use the women’s restroom.  GLAD defeated a motion to dismiss by the defendants: on May 27, 2010, the Maine Superior Court issued a critical, first-of-its-kind ruling that Maine’s law protecting transgender people from discrimination includes ensuring appropriate access to bathrooms.

GLAD then argued for summary judgment in the case, seeking a final order allowing Ms. Freeman – and other transgender Mainers – fair and equal access to the appropriate restrooms.  Both parties reached agreement before the issuance of any decision regarding the summary judgment.

“The bottom line for me and other transgender patrons is that Denny’s has welcomed us to use the restroom that is consistent with how we live our lives,” said Ms. Freeman.  “That makes good sense.  Any other rule is just not workable for anyone.”

More about the case, including legal documents, is posted at isit la.

Ms. Freeman was also represented by GLAD’s Jennifer Levi and Bennett Klein, as well as attorney Jeffrey Neil Young of the Topsham, ME law firm of McTeague Higbee.

Freeman v. Denny’s

GLAD’s Transgender Rights Project and Realty Resources Hospitality, which operates six Denny’s restaurants throughout Maine, are pleased to announce an agreement resolving a lawsuit brought by Brianna Freeman, a transgender woman who was denied access to the women’s restroom at a Denny’s in Auburn, Maine.

In the settlement agreement, Realty Resources Hospitality agreed that at all of the restaurants it operates, all transgender individuals, including Ms. Freeman, will be given access to the restroom consistent with their stated gender identity.

Read the complete statement on the settlement

GLAD filed suit October 20, 2009, on behalf of Brianna Freeman, a transgender woman who was told by the manager of a local Denny’s that she could not use the women’s restroom.  Denny’s moved to dismiss the case, arguing that it could apply a so-called biological rule to keep transgender women from using the gender appropriate restroom.

In its May 27, 2010 ruling, Androscoggin Superior Court denied Denny’s motion to dismiss Brianna’s gender identity claim. The Court’s critical, first-of-its-kind ruling affirmed that Maine’s law protecting transgender persons from discrimination includes ensuring appropriate access to restrooms.  This was an important first step in guaranteeing that transgender people have full protections under Maine law.

On February 22, 2011 GLAD argued for summary judgment in the case, seeking a final order allowing Brianna – and other transgender Maine residents – fair and equal access to the appropriate restroom.
Sun Journal: Judge Rejects Denny’s Request to Dismiss Case Brought By Transgender Individual

Sun Journal: Woman Suing Denny’s Says She Only Wants to Be Accepted As Female

Adoption of M.A. and R.A.

The Maine Law Court issued a unanimous decision on August 30, 2007 lifting the bar on unmarried couples adopting children.
As a result of the ruling, plaintiffs Ann Courtney and Marilyn Kirby were finally able to adopt “M” and “R,” their foster children of six years.

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