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News

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, Doe v. Clenchy, 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.

News

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 Doe v. Clenchy. 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 here.
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.

News

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 Doe v. Clenchy, 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.

Read more about the case

News

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.

News

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.

News

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.

Resources

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

News

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.

News

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 v. 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.

News

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 v. Department of Public Health, as well as the Connecticut lawsuit Kerrigan v. Department of Public Health.

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.

News

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.

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