Youth | Schools | Maine

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Youth | Schools | Maine

Public schools are public – meaning they are for everyone. All students and families in a school district belong in the school community.

For student success, schools must provide safe, supportive, and welcoming environments so that all students can learn. This includes LGBTQ+ students.

Several different laws protect you against discrimination, bullying, and harassment at school by your peers or by adults. (These laws apply to all public schools and to private schools that receive government funding.) These prohibitions come from state law (such as the Maine Human Rights Act and Maine anti-bullying laws), federal nondiscrimination laws (including one called “Title IX” – about sex discrimination – and another called “Title VI” – about discrimination based on race, color, and national origin), and the U.S. Constitution. These are powerful protections for students, and they can be used to hold schools accountable for what happens on their watch.

At the local level, you might also have rights under policies adopted by your school board. You can often find those types of policies on the website of your school board or school district.

Your parents also have rights related to your education – whether they agree with how you identify, disagree, or are somewhere in the middle. We mention some of those rights below. We also have suggestions at the bottom of this page for how parents, students, and schools can work together to get the best outcomes for students.

This page provides an overview of the rights of students. Visit our Rights of LGBTQ+ Students in Maine page to learn more about the laws providing these protections, what to do if you believe your rights are being violated, and other organizations that can support you. These pages are not legal advice; the law can be complicated, and how it applies to your situation will depend on specific circumstances. If you have questions about the impact of recent court and executive actions on your rights under Title IX, visit our Title IX Know Your Rights page to learn more.

This page was last updated in November 2024. This area of law is continuing to develop.

Names & Pronouns

If you would like school staff to use your chosen name and pronouns, the Maine Human Rights Commission suggests that you or your parents should make that request to school staff in writing. Their position is that the school must then use your chosen name and pronouns on all documents and in all communications. However, your official student record has to use your legal name. If you have had a legal name change, your parent or guardian can ask the school to update your official record.

If you ask your school to use a chosen name for you but have not yet talked to your parent or guardian about that, you should know that using a nickname or other new name at school means that others will have and could share that information. And if you are a minor (under age 18) or in some other circumstances, your parents have a right to look at your student records. If you need help deciding whether to ask your school to use your chosen name, you should strongly consider talking with a trusted adult at home or at school first. A trusted adult might be able to help you think about your specific situation, or make a plan to share that part of yourself with a parent or guardian. You can also check to see whether your school has a policy listing a specific person to support transgender students. (Those policies are often on school board websites and may be titled “ACAAA” or “JB.”)

Learn more about the laws on names and pronouns.

Athletics & School Facilities

The Maine Human Rights Commission has stated that you are allowed to compete on high school sports teams consistent with your gender identity. The Maine Principals’ Association (which governs high school athletics) gives schools the authority to verify a student’s gender identity for the purpose of playing a sport – but your school is not allowed to request medical records or official documents to do so.

You also have the right to use the toilet, locker room, and shower facilities consistent with your gender identity.

Schools can decide to give any student—LGBTQ+ or not—the option to use facilities that provide extra privacy (like a single-stall restroom or curtained changing areas in a locker room). But schools can’t require you to use separate facilities based on your gender identity.

Learn more about the laws on athletics and school facilities.

Student Appearance

You are allowed to dress in line with your gender identity. If the school has a dress code, it should be applied consistent with your gender identity.

Learn more about the laws on student appearance.

GSAs

If you attend a public secondary school or a secondary school that receives any federal funding – which includes many private schools – and if your school allows any non-curricular clubs (a club not associated with a subject taught at your school) to meet during non-classroom time, you have the right to start a Gender & Sexuality Alliance (GSA) or other LGBTQ+ club.

Thanks to a law called the Equal Access Act, your school is not allowed to discriminate against a GSA just because it addresses issues related to LGBTQ+ students.

Learn more about your rights to create a GSA.

School Counseling

If you are being counseled by a school counselor or school social worker, they may be able to keep information you share confidential under a specific Maine law. This law applies to school counselors and school social workers who meet certain requirements. However, even counselors and social workers who meet those requirements can share information with another adult if you or others are in danger, or if they need to report child abuse or neglect. If you are trying to decide whether to talk with the counselor or social worker at your school, you can ask them to explain whether they are allowed to keep information confidential, and under what circumstances they would share what you tell them with your parent, guardian, or another adult.

Maine has a law to protect you from the practice of “conversion therapy,” a practice which seeks to change a person’s sexual orientation or gender identity. School social workers and school counselors (and other licensed healthcare professionals) who practice conversion therapy can face discipline.

Learn more about school counseling laws.

Bullying & Harassment

You have the right to attend schools that are safe, secure, and peaceful environments so you can get the education you deserve. The Maine legislature has said that bullying can negatively impact the school environment and student learning and wellbeing. That is why bullying and discrimination are prohibited in Maine.

Bullying based on your actual or perceived sexual orientation, gender identity, or other protected characteristics (including your race and ethnicity, religion, national origin, socioeconomic status, age, disability, gender, physical appearance, weight, and family status) is prohibited in Maine. Bullying is not allowed online or on any school property.

Bullying includes any communication (written, oral, or electronic) or physical act or gesture that:

Harms you or your property, or places you in a reasonable fear of harm;

Creates an intimidating or hostile school environment; or

Interferes with your academic performance or ability to participate in school activities.

Schools must have policies and procedures to prevent bullying and cyberbullying and address it when it occurs.

Learn more about anti-bullying laws.

School and Parent Collaboration

In some cases, there may be challenges for a student, their parents or guardians, and their school in reaching agreement on what will best support the student. If you and your parent are in agreement and struggling to get your school to see your point of view, see GLAD Law’s suggestions on steps you can take together.

Other times, students may be seeking support at school before they ask for it at home, and may ask schools for support in talking with their parent or guardian about any number of issues. In situations where a parent or guardian may not agree with how their child expresses their gender identity or sexual orientation at school, the Maine Human Rights Commission recommends that schools should try, whenever possible, to follow students’ wishes while they are at school. In practice, schools will likely consider the student’s individual circumstances – such as the student’s age, maturity, school engagement, what the school is hearing from the student and from their family and any other relevant information about how to proceed.

Just like students have certain rights under law, so do parents. And parents can monitor a child’s progress at home, on school portals, and by meeting with teachers or staff. Parents typically have strong relationships with their children and know them well enough that they can perceive when there is something they need to discuss. Many schools want to collaborate with parents as partners. Ideally, school staff and parents can reach out to one another to understand how to help each child succeed at school.

When disagreements arise, it can be helpful to remember that parents and teachers, school administrators, and staff all want students to be happy, healthy, and successful – in and out of the classroom. Parents will always be teachers to their children. And while parents can and do teach their values to their children at home, schools have to manage their students and school operations. This is why courts overwhelmingly reject claims that parents can direct schools’ day-to-day practices based on their beliefs about how educators should do their jobs.

Learn more about laws on parents and education.

If you believe your rights are being violated, visit our Rights of LGBTQ Students in Maine page to learn more about what steps you can take.

Still have questions? Contact GLAD Answers for free and confidential legal information, assistance, and referrals. Complete the online intake form at GLADAnswers.org, email GLADAnswers@glad.org, or leave a voicemail at 800-455-GLAD.

This page is endorsed by ACLU of Maine, EqualityMaine, and OUT Maine.

Youth | Justice | Maine

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Youth | Discrimination | Maine

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Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination?

Yes. On November 8, 2005, Maine voters agreed to keep in place a law, LD 1196, “An Act to Extend Civil Rights Protections to All People Regardless of Sexual Orientation”, passed by the Legislature and signed by the Governor in the spring of 2005. The law went into effect December 28, 2005.

This marks the end of a long struggle in Maine to achieve legal protections for LGBTQ+ people. In November 1995, Maine voters rejected an attempt to limit the protected classes to those already included within the non-discrimination law. In May 1997, Maine approved an anti-discrimination law based on sexual orientation, but this law was repealed in a special election in February 1998. Then in November 2000, by the smallest of margins, Maine voters failed to ratify a second anti-discrimination law that had been approved by the legislature.

The law provides protection against discrimination based on sexual orientation which is defined as “… a person’s actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression” (5 Me. Rev. Stat. sec. 4553 (9-C)).

Does it also protect people perceived as LGBTQ+?

Yes. The non-discrimination law specifically covers people who are perceived to be LGBTQ+.

What kinds of discrimination does the anti-discrimination law address?

The Maine law prohibits discrimination in:

Employment
Public Accommodations
Housing
Credit and
Education (5 Me. Rev. Stat. sec. 4552 et seq.)

Are there any laws protecting LGBTQ+ students in Maine?

Yes. Several different laws protect students against discrimination, bullying, and harassment at school by peers or by adults. (These laws apply to all public schools and to private schools that receive government funding.) These prohibitions come from state law (such as the Maine Human Rights Act and Maine anti-bullying laws), federal nondiscrimination laws (including one called “Title IX” – about sex discrimination – and another called “Title VI” – about discrimination based on race, color, and national origin), and the U.S. Constitution. These are powerful protections for students, and they can be used to hold schools accountable for what happens on their watch.

At the local level, students might also have rights under policies adopted by their school board. You can often find those types of policies on the website of your school board or school district.

Visit our Maine Know Your Rights page for LGBTQ+ students to learn more.

What can I do if I’m being discriminated against at school?

There are many ways to approach the issue. If you believe your rights are being violated, visit our Rights of LGBTQ Students in Maine page to learn more about what steps you can take.

Are there other non-discrimination protections available in Maine?

Yes. Several cities and towns have enacted non-discrimination ordinances, including Portland, Falmouth, South Portland, Long Island, Orono, Sorrento, Westbrook and Bar Harbor. In Clarke v. Olsten Certified Healthcare Corp., the Maine Law Court assumed without so stating that the Portland ordinance is enforceable (714 A.2d 823 (Me. 1998)).

Does Maine have a law that bans conversion therapy?

Yes, in 2019 Maine became the 17th state to pass a law, LD 1025 An Act to Prohibit the Provision of Conversion Therapy to Minors by Certain Licensed Professionals. It prohibits licensed professionals from advertising and administering so-called conversion therapy methodology to minors. Failure to follow the law can result in the revocation of the professional’s license.

State and national medical, mental health, and child welfare organizations all oppose the practice of conversion therapy, a practice that seeks to change a person’s sexual orientation or gender identity. Extensive professional literature shows the practice to be both ineffective in changing sexual orientation or gender identity and harmful to youth. Young people who have been subjected to conversion therapy are at increased risk of depression, suicidal thoughts and suicide attempts, and illegal drug use.

Youth | Employment | Maine

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Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in employment?

Does it also protect people perceived of as LGBTQ+ in employment?

Yes. The non-discrimination law specifically covers people who are perceived to be lesbian, gay, bisexual or transgender.

To whom does the non-discrimination law apply and what does it forbid?

The non-discrimination law applies to governmental employers (local and state) and private employers with any number of employees (5 Me. Rev. Stat. sec. 4553 (4) (definition of employer)). It forbids employers from refusing to hire, or discharging, or discriminating against the employee with respect to any employment matter, including hiring, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment. Nor may an employer use any employment agency that discriminates (5 Me. Rev. Stat. sec. 4572 (1)(A)). Harassment based on sexual orientation is included within “terms and conditions” of employment.

Employment agencies may not refuse to: classify properly; refer their customers for employment; or otherwise discriminate because of sexual orientation. Labor organizations (e.g. unions) may not deny apprenticeship, membership or any membership rights or otherwise penalize or discriminate against their members because of sexual orientation (5 Me. Rev. Stat. sec. 4572 (1)(B) & (C)).

The law also forbids any employer, employment agency, or labor organization, prior to employment or membership, from eliciting or recording information about a person’s sexual orientation, printing any advertisement indicating any preference or limitation based on sexual orientation, or having a system of denying or limiting employment or membership opportunities based on sexual orientation (5 Me. Rev. Stat. sec. 4572 (1)(D)).

Does the law apply to every employer?

No, there is a religious exemption that provides:

“Employer” does not include a religious or fraternal corporation or association, not organized for private profit and in fact not conducted for private profit, with respect to employment of its members of the same religion, sect or fraternity, except for purposes of disability-related discrimination, in which case the corporation or association is considered to be an employer (5 Me. Rev. Stat. sec. 4553 (4) (definition of “employer”)).

This appears to mean that certain non-profit religious entities (not individuals) are exempt from the law, and a religious organization may require all applicants and employees to conform to the religious tenets of that organization (5 Me. Rev. Stat. sec. 4573-A (2)). The full scope of this exemption may be sorted out in specific court cases.

Does the non-discrimination law have any impact on my employer’s obligation to provide domestic partner benefits to my partner of the same-sex?

Possibly yes. The non-discrimination law can be a powerful tool to equalizing treatment in compensation, and therefore, valuable “fringe benefits.” As discussed below in the family section of this booklet, the state and several municipalities have already equalized some benefits like health insurance (this result also conforms with the better view of the law, i.e., that it is discrimination based on sexual orientation to condition benefits on a status (marriage) that only gay people cannot attain. See Alaska Civil Liberties Union v. State of Alaska, 122 P.3d 781 (Alaska 2005); Bedford v. N.H. Cmty. Technical Coll. Sys., Superior Court Order, 04-E-230 (May 3, 2006)).

Private employers in Maine are neither required to offer health insurance to their employees nor to offer spousal or family coverage. However, some employers who provide such coverage may be obligated to provide insurance to same-sex partners to comply with the Maine insurance laws and/or anti-discrimination law. This area of law is complicated and you should feel free to contact GLAD for information specific to your situation.

Does Maine law forbid sexual harassment?

Yes, sexual harassment is expressly prohibited by state law.

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature constitute sexual harassment when:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment” (94-348 Rules of Maine Human Rights Com’n, 3.06 I (1). Available here).

Although the Maine Law Court has not specifically ruled on the question, it should be as unlawful to sexually harass a gay, lesbian or bisexual person as it is to harass a non-gay person. Some harassment is specifically anti-gay, and may be more fairly characterized as harassment on the basis of sexual orientation, which is discussed below. Other harassment is sexual in nature and more appropriately categorized as “sexual harassment.” Both types of harassment can happen to the same person, and both are forbidden.

Both the United States Supreme Court and several state courts have found same-sex sexual harassment to violate sexual harassment laws. Compare Oncale v. Sundowner Offshore Services (9523 U.S. 75 (1998), man can sue for sexual harassment by other men under federal sexual harassment laws)) to Melnychenko v. 84 Lumber Co. (424 Mass. 285, 676 N.E.2d 45 (1997), (same-sex sexual harassment forbidden under Massachusetts state law)).

Are there any protections from sexual orientation harassment?

Yes. In September 2007, the Maine Human Rights Commission (MHRC) adopted amendments to its employment and housing rules that expressly acknowledged the existence of sexual orientation harassment (see generally 94-348 Me. Hum Rights Comm’n Reg. Ch. 3, § 3.12. Available here). Under these rules, unwelcome comments, jokes, acts, and other verbal or physical conduct on the basis of sexual orientation constitute harassment when:

submission to this conduct is a condition of employment or a term of membership in a union;
submission to or rejection of this conduct is used as a basis for a decision made by unions or employers that effect the individual;
such conduct interferes or attempts to interfere with the individuals work performance or creates an intimidating, hostile, or offensive working or union environment (94-348 Me. Hum Rights Comm’n Reg. Ch. 3, § 3.12 (1) (a) – (c). Available here).

Employers or labor organizations are responsible for their actions and for those of their employees with respect to sexual orientation harassment (94-348 Me. Hum Rights Comm’n Reg. Ch. 3, § 3.12 (2). Available here).

Testing & Privacy | HIV/AIDS | Maine

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Questions and answers on HIV/AIDS Testing and Privacy. Also see our pages on HIV/AIDS Discrimination and Other HIV-Related Questions.

Does Maine have a law for governing informed consent for HIV testing?

Yes. Maine law mandates that an HIV test must be “voluntary and undertaken only with the patient’s knowledge that an HIV test is planned” (5 M.R.S.A §19203-A).

Maine, however, has eliminated its requirement that no HIV test may be conducted without a patient’s specific written informed consent.

The law now requires only that “[a] patient must be informed orally or in writing that an HIV test will be performed unless the patient declines”(5. M.R.S.A. §19203-A (emphasis added). While the title of § 19203-A is “voluntary informed consent required,” Maine’s law is not an informed consent system. Informed consent, whether oral or written, requires that a patient affirmatively assent before a test can be done. Current Maine law simply requires that a patient be notified that a test will occur and places the burden on the patient to opt out.)

The law also requires that the information given to patients before the test include the meaning of positive and negative test results. In addition, the patient must have the opportunity to ask questions.

Maine law authorizes anonymous HIV testing sites (5 M.R.S.A. §19203-B).

Health insurers or healthcare plans requiring an HIV test must still obtain written informed consent to perform an HIV test (5 M.R.S.A. §19203-A (2)).

In addition, Maine law prohibits a health care provider from denying medical treatment solely because an individual has refused consent to an HIV test (5 M.R.S.A. § 19203-A (3)).

What information should a person receiving HIV testing be given?

In 2007, in order to streamline testing procedures, Maine eliminated mandatory pre-test counseling for an HIV test. Patients who test positive for HIV, however, must be offered post-test counseling, unless the patient declines by signing a waiver. The counseling must at a minimum include:

The reliability and significance of the test results.
Information about preventive practices and risk reduction.
Referrals for medical care and support services, as needed.(5 M.R.S.A. § 19204-A.)

A provider must offer face-to-face post-test counseling, but may provide an alternative means of providing the information if the client declines face-to-face counseling. In addition, a written memorandum summarizing the contents of the post-test counseling information must be provided to the client.

Can a physician test a minor for HIV without consent of a parent or guardian?

A physician may test a minor for HIV without obtaining the consent of the minor’s parent or guardian.(32 MRSA § 3292 permits a physician to provide medical treatment for venereal disease to a minor without parental consent. The Maine Department of Human Services has classified HIV as a venereal disease.)

In addition, a physician is not obligated to, but may, inform the minor’s guardian or parent of any medical treatment rendered, including HIV test results.

If confidentiality is important to you, it is a good idea to talk to your doctor up front and understand their policies on this issue.

Are there specific requirements for the testing of pregnant people?

All pregnant people must be informed orally or in writing that an HIV test will be included in the standard panel of prenatal medical tests, unless the person declines HIV testing. In addition, a health care provider is mandated to test a newborn for HIV within 12 hours of birth if the health care provider does not know the person who gave birth’s HIV status or “believes that HIV testing is medically necessary.” There is an exception to such newborn testing if the parent asserts an objection based on religious or conscientious beliefs.(5 M.R.S.A. § 19203-A(6))

Are there circumstances where Maine law permits HIV testing a person against their wishes?

Yes, Maine law permits involuntary HIV testing in certain limited circumstances, such as testing of a person convicted of a sexual assault crime, and of the source of an occupational exposure.

Are there state laws that protect the privacy of medical information, including HIV?

Maine law prohibits the disclosure of HIV test results to anyone other than the subject of the test without the subject’s authorization. (5 M.R.S.A. § 19203.)

When a medical record contains a person’s HIV status, the patient must elect in writing whether to authorize the release of that portion of the medical record. (5 M.R.S.A. § 19203-D.)

A health care provider who has been designated by the subject of the test to receive HIV test result information may make the results available only to other health care providers working directly with the patient and only for purposes of providing direct medical or dental patient care.(5 M.R.S.A. § 19203 (2).)

Are there exceptions to these privacy protections?

HIV status can still be shared in the event of a medical emergency or certain limited threats to others.

Does a person with HIV have a Constitutional right to privacy?

Yes, many courts have found that a person has a constitutional privacy right to the nondisclosure of HIV status. Courts have based this right on the Due Process Clause of the U.S. Constitution, which creates a privacy interest in avoiding disclosure of certain types of personal information.

The constitutional right to privacy can only be asserted when the person disclosing the information is a state or government actor — e.g. police, prison officials, or doctors at a state hospital.

How do courts determine if a person’s constitutional right to privacy has been violated?

To determine whether there has been a violation of this right to privacy, courts balance the nature of the intrusion into a person’s privacy against the weight to be given to the government’s legitimate reasons for a policy or practice that results in disclosure.

Remedy for Unlawful HIV Testing or Disclosure

A person who violates Maine law regarding HIV testing or the confidentiality of HIV test results is liable to the subject for actual damages and costs plus a civil penalty of up to $1,000 for a negligent violation and $5,000 for an intentional violation (5 M.R.S.A. § 19206).

Remedy for Unlawful HIV Testing or Disclosure

Does Maine have reporting laws that require HIV or AIDS diagnoses to be reported to the Maine Department of Health and Human Services?

Yes. All states require that certain health conditions be reported to public health authorities in order to track epidemiological trends and develop effective prevention strategies. Maine requires that health care providers and facilities report the names of individuals diagnosed with AIDS or HIV to the Department of Health and Human Services within 48 hours of the diagnosis (Department of Health and Human Services, Maine Center for Disease Control & Prevention, Chapter 258 (Rules for the Control of Notifiable Disease Conditions), 10-144). Information is kept confidential and may not be disclosed except as permitted by 5 M.R.S.A. § 19203 (Maine’s law on confidentiality of HIV tests).

Public Accommodations | Discrimination | Maine

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What is a place of public accommodation?

A place of public accommodation means a facility operated by a private or public entity whose operations fall into categories such as lodging, restaurants, entertainment, public gathering, retail stores, service establishments, transportation, museums, libraries, recreation facilities, exercise or health facilities, schools and educational institutions, social service establishments, or government buildings. Generally, any establishment that caters to, or offers its goods, facilities or services to, or solicits or accepts patronage from the general public is a place of public accommodation (5 Me. Rev. Stat. sec. 4553 (8) (definition of “public accommodation”)).

Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in places of public accommodation?

Does it also protect people perceived of as LGBTQ+ in places of public accommodation?

Yes. The non-discrimination law specifically covers people who are perceived to be LGBTQ+.

What does the law say about discrimination in places of public accommodation?

The law makes it illegal for places of public accommodation to discriminate on the basis of sexual orientation or “… in any manner withhold from or deny the full and equal enjoyment … of the accommodations, advantages, facilities, goods, services or privileges of public accommodation.” The law also makes it illegal to advertise that any place of public accommodation is restricted to people of a particular sexual orientation (5 Me. Rev. Stat. sec. 4592 (1)).

How do I file a complaint of discrimination? What happens after I file?

You should contact the Maine Human Rights Commission (MHRC) at (207) 624-6050, or at State House Station #51, Augusta, ME 04333-0051, or on the web at http://www.state.me.us/mhrc/index.shtml. The Commission prefers for people to file complaints in writing. For an overview of this process refer to the MHRC regulations, available at http://www.maine.gov/mhrc/laws/index.html.

The complaint must be under oath, state the name and address of the individual making the complaint as well as the entity he or she is complaining against (called the “respondent”). The complaint must set out the particulars of the alleged unlawful acts and the times they occurred (5 Me. Rev. Stat. sec. 4611).

Once a complaint is timely filed, a Commissioner or investigator will seek to resolve the matter. If he or she cannot do so, the Commission will proceed with an investigation to determine if there are reasonable grounds to believe that unlawful discrimination has occurred. The Commission has extensive powers during the course of the investigation. Among other things, it can examine persons, places and documents, and require attendance at a factfinding hearing, and issue subpoenas for persons or documents.

If the Commissioner or investigator concludes:

there are no reasonable grounds, it will dismiss the case, and the complainant may file a new case in the Superior Court (See generally 5 Me. Rev. Stat. sec. 4612);
there are reasonable grounds, it will try to resolve the matter through settlement (5 Me. Rev. Stat. sec. 4612).

Once the Commission process is complete, and if settlement has failed, a person can file an action for relief in court. A person may also request a “right to sue” letter from the MHRC if there has been no court action filed and no conciliation agreement in place within 180 days of filing the complaint (5 Me. Rev. Stat. sec. 4612 (6)). The person may then file an action in the Superior Court (5 Me. Rev. Stat. sec. 4621). In some situations, the Commission may file an action in court on your behalf (See generally 5 Me. Rev. Stat. sec. 4612).

Do I need a lawyer?

Not necessarily. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find a lawyer to represent them throughout the process. Not only are there many legal rules governing the MHRC process, but employers and other respondents will almost certainly have legal representation. Please call the GLAD Answers for help or for an attorney referral.

What are the deadlines for filing a complaint of discrimination?

A complaint must be filed with the MHRC within 300 days of the discriminatory act or acts (5 Me. Rev. Stat. sec. 4611). There are virtually no exceptions for lateness, and GLAD encourages people to move promptly in filing claims. Actions filed in Superior Court must generally be filed “not more than 2 years after the act of unlawful discrimination complained of” (5 Me. Rev. Stat. sec. 4613(2)(C)).

What are the legal remedies for discrimination?

This is a complicated area and depends on a variety of factors, including the type of discrimination and its intersection with federal laws.

As a general matter, the MHRC tries to resolve cases in which reasonable cause is found. It is not empowered to award emotional distress damages or attorney’s fees, but the parties may agree to whatever terms are mutually satisfactory for resolving the issue (94-348 Rules of Maine Human Rights Com’n secs. 2.07, 2.08. 2.09. Available at http://www.maine.gov/mhrc/laws/index.html).

As a general matter, if a person has filed with the MHRC, completed the process there, and later files their case in court, then a full range of compensatory and injunctive relief is available (5 Me. Rev. Stat. secs. 4613, 4614). If a discrimination complainant takes their case to court without first filing at the MHRC, then only injunctive relief is available in court, such as a cease and desist order, or an order to do training or post notices (5 Me. Rev. Stat. sec. 4622).

The relief ordered by a court may include: (a) hiring, reinstatement and back pay in employment cases; (b) an order to rent or sell a specified housing accommodation (or one that is substantially identical), along with damages of up to three times any excessive price demanded, and civil penal damages, to the victim in housing cases; and (c) in all cases, where the individual has exhausted the MHRC process, an order for attorney’s fees, civil penal damages, cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws (e.g. training programs, posting of notices).

Can I claim discrimination on a basis other than sexual orientation?

Yes, but only if you are treated differently because of a personal characteristic protected by Maine law.

In public accommodations, it is illegal to discriminate on the basis of race, color, sex, physical or mental disability, religion, ancestry or national origin, as well as sexual orientation (5 Me. Rev. Stat. sec. 4553 (8) (definition), 4592 (prohibition)).

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the MHRC or EEOC, a person may decide to remove their discrimination case from those agencies and file in court. There are rules about when and how this must be done.

In addition, a person may file a court case to address other claims that are not appropriately handled by discrimination agencies. For example:

If a person is fired in violation of a contract, or fired without the progressive discipline promised in a handbook, or fired for doing something the employer doesn’t like but which the law requires, then these matters are beyond the scope of what the agencies can investigate and the matter can be pursued in court.
If a person has a claim for a violation of constitutional rights, such as a teacher or other governmental employee who believes their free speech or equal protection rights were violated, then those matters must be heard in court.

What can I do to prepare myself before filing a complaint of discrimination?

In evaluating your potential claims, you have the right to request a complete copy of your personnel file at any time (5 Me. Rev. Stat. sec. 7071 (Employee right to request personnel file)). Personnel files are the official record of your employment and are an invaluable source of information (5 Me. Rev. Stat. sec. 7070 (Definition of personnel record)).

Whether you leave a job voluntarily or not, be cautious about signing any documents admitting to wrongdoing, or that waive your legal rights, or that are a supposed summary of what you said in an exit interview. Sometimes employees are upset or scared at the time they are terminating employment, but the documents will likely be enforceable against you later. Please be cautious.

As a general matter, people who are still working under discriminatory conditions have to evaluate how filing a case will affect their job or housing, and if they are willing to assume those possible consequences. Of course, even if a person has been fired, he or she may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information and advice to make an informed decision.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful if you bring to your attorney an outline or diary of what happened. It is best if the information is organized by date and explains who the various players are (and how to get in touch with them), as well as what happened, who said what, and who was present for any important conversations or incidents.

Second Parent Adoption | Maine

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Can same-sex partners together adopt a child in Maine?

Yes, as the result of an appeal that GLAD made to the Maine Law Court concerning the refusal of a Maine Probate Court to assume jurisdiction of the joint adoption petition by a lesbian couple (In re Adoption of M.A.,—- A.2d——, 2007 WL 2446019 (Me. 2007)). In August 2007, the Maine Law Court ruled that the Probate Court did have jurisdiction and that state law allows for unmarried couples to adopt. This ruling makes it clear that joint or second parent adoptions by unmarried couples are permitted under Maine law. For more specific information on the process, see GLAD’s publication, Joint Adoption Practice and Procedure in Light of Adoption of M.A.: Second Parent Adoption.

What is the difference between joint, second-parent, and single-parent adoptions?

A joint adoption is when both partners adopt a child together at the same time. A second-parent adoption is when one partner adopts the other partner’s child. A single-parent adoption is where a single individual adopts a child.

What is the advantage of doing a second parent or joint adoption?

An adoption is a court judgment that the child has two legal parents for all purposes. In addition to providing legal security, an adoption decree mirrors the actual family situation and thereby provides emotional comfort and security as well.

Without an adoption, the non-legal parent needs special permission to seek medical care for the child, or to attend school meetings. With an adoption, the adopting parent is a legal parent entitled to make decisions for the child in day-to-day and emergency matters without special authorization.

With an adoption, if one parent dies, the other parent will automatically assume custody of the child. In addition, the child would have the automatic right to inherit from the deceased parent, even if there is no will. The child could also collect social security survivor benefits based on the deceased parent’s work record.

Finally, if the couple separates, then the adoption means that both parents have the right to seek parental rights and responsibilities, and any disputes will be decided based on what is in the best interests of the child.

Do we need to do a second-parent adoption if we are married?

When a child is born into a marriage, Maine law and the law of all states presumes that both spouses are the parents of the child and both names are listed on the child’s birth certificate. However, this is only a presumption and can be challenged in court, so in the past GLAD recommended that married couples do a second parent adoption to ensure the parentage of the non-biological parent because adoption is a court judgment creating a parent-child relationship and must be respected by other states.

Now Maine couples have a second way to protect the parentage of the non-biological partner by signing an Acknowledgement of Parentage.

If I am a parent who has signed an Acknowledgement of Parentage, do I also need to do a second parent adoption?

No. A parent who has signed an Acknowledgement of Parentage should not need to do a second parent adoption to establish parentage. An Acknowledgement of Parentage establishes legal parentage under state law, is the equivalent of a court judgment of parentage under state law and gives you all the rights and duties of a parent. Under federal law, an Acknowledgement of Parentage is the equivalent of a judicial decree of parentage and should be recognized in all states.

Since expanded access to Acknowledgements of parentage is an emerging development, some parents might feel more comfortable completing a second parent adoption in addition to or instead of an Acknowledgement of Parentage. To understand what is best for your family, individualized legal advice is recommended.

Short of joint adoption or second parent adoption, how can a family protect the interests of the child vis-à-vis his or her second parent?

There are a number of steps that can be taken, although none offer the security of a second parent adoption or marriage. Among these are:

Co-parenting agreement: An agreement setting out the parents’ expectations about each other’s roles, and their plans in the event of separation, disability or death. While these agreements may not be enforceable as a contract, they are important indicators of what the couple’s intent was when they formed their family and what they believed was in the best interests of the child, and thus may be influential on a court’s assessment of who the parents are and their respective parental rights and responsibilities.
Wills: The legal parent may nominate a guardian of the child upon the parent’s death. These “testamentary appointments” are given strong and respectful consideration by courts. Of course, if the child has another legal parent living, then that person would have priority over the nominated guardian (see 18-A Me. Rev. Stat. sec. 5-301 et seq).
Co-guardianship: This process allows a biological or adoptive parent to name his or her partner as a co-guardian so that the partner may secure medical attention and health insurance for the child and in most other ways act with the legal authority of a parent. The Probate Court may appoint the legal parent and his or her partner as co-guardians if the legal parent consents to the appointment and the court finds the appointment to be in the best interests of the child (see 18-A Me. Rev. Stat. sec. 5-204(b). GLAD’s case, In re Guardianship of I.H., 834 A.2d 922 (Me. 2003), clarified the law in this area. See also https://www.gladlaw.org/current/pr-detail/maine-high-court-affirms-lesbian-couples-right-to-petition-for-full-coguard/). This status is not permanent, and may be terminated by the court upon a legal petition if the guardianship is no longer in the best interests of the child. Additionally, co-guardianship status ceases to be recognized once the child reaches the age of eighteen (A Me. Rev. Stat. sec. 5-212(d). In addition, a court can order a “de facto” guardianship even if the parents do not consent where the child has lived with another person and the parents have consistently not participated in the child’s life. 18-A Me. Rev. Stat. sec. 5-101).
Power of Attorney Delegating Parent’s Rights: This document is signed by the parent and delegates to another adult all powers regarding that parent’s child, except the power to consent to the child’s adoption. It must be notarized, and it must be renewed every six months.

If same-sex parents raise a child together, but only one is the “legal” parent (because of birth or adoption), then what rights does the other parent have vis-à-vis the child?

This area of law is rapidly evolving in Maine. If the non-birth or non-adoptive parent is a “de facto parent,” then he or she is entitled to be considered for an award of full parental rights and responsibilities, which may include custody or visitation (see C.E.W. v. D.E.W., 845 A.2d 1146 (Me. 2004)). Although the Maine Law Court has not clearly defined who qualifies as a de facto parent, that Court has stated:

the de facto parent must have developed a parent-child relationship with the child;
the legal parent must have consented to and encouraged the development of this relationship;
the de facto parent must have performed a share of the care-taking functions at least a great as the legal parent (see Stitham v. Henderson, 768 A.2d 598, 605-06 (Me. 2001) (Saufley, J., concurring) (quoting E.N.O. v. L.M.M., 711 N.E.2d 886, 891 (Mass. 1999)).

The Law Court added that a de facto parent “must surely be limited to those adults who have fully and completely undertaken a permanent, unequivocal, committed and responsible parental role in the child’s life” (see C.E.W. v. D.E.W., 845 A.2d 1146 (Me. 2004)). This area of law needs further clarification. For example, even though the Law Court has not required this, many judges and practitioners have imported a two year term of the child and de facto parent living together.

Regardless of the status of a person’s legal rights, it is critical to remember that children form strong attachments to their parental caregivers regardless of legal labels. Separating a child from a person who has acted as his or her parent can be a devastating loss for a child. Moreover, court proceedings to establish de facto parenthood will be painful and costly, so anything people can do outside of court to make decisions together about a child’s interests is strongly encouraged. See GLAD’s publication, Protecting Families: Standards for LGBT Families.

Intimate Partner Violence | Maine

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What is domestic violence?

Domestic violence may take many forms. Generally, domestic violence is a pattern of coercive behavior in which one person attempts to control another through threats or actual use of tactics, which may include any or all of the following: physical, sexual, verbal and psychological abuse.

Under the law, “abuse” means that any of the following have occurred between people who are “family, household members or dating partners”:

Attempting to cause or causing bodily injury or offensive physical contact;
Attempting to place or placing another in fear of bodily injury through any course of conduct, including, but not limited to, threatening, harassing or tormenting behavior;
Compelling, by force, threat of force, or intimidation, a person to engage in conduct, such as causing another to engage involuntarily in sexual relations by force, or to abstain from conduct in which they have a right to engage;
Restricting another person’s movement, by knowingly removing them from home, work or school, or moving them a substantial distance from where they were found, or confining the person;
Placing a person in reasonable fear that a crime will be committed by threatening them or another person that they will be committing a crime of violence against the person; or
Repeatedly and without reasonable cause following a person or being in the vicinity of their work, school or home (19-A Me. Rev. Stat. sec. 4002(1)).

Do the domestic violence laws apply to people in same-sex relationships?

Generally yes. The definition of “family, household members and dating partners” includes married couples, domestic partners or former domestic partners, people who are or have “liv[ed] together as spouses”, people who are sexual partners or are living together (or did so previously), as well as individuals currently or formerly dating each other, whether or not the individuals are or were sexual partners (19-A Me. Rev. Stat. sec 4002). The law applies equally to all people, but the application depends upon the nature of the relationship of the people involved.

How do I get a court order protecting me from an abusive partner?

To get protection, go to the District Court in the community where you live or where the abuser lives. The court clerk will have a packet of information for you to complete. There is no fee, and there is a means of keeping your address confidential from the public. You will have to allege abuse as defined above, and indicate where you think the abuser/defendant can be found so that he or she can be served with (given a copy of) the court papers. If the courts are closed, contact your local police who will locate a judge to help. On this basis, you may receive a temporary order of protection good for up to 21 days. In order for those orders to be enforceable, the police must serve a copy on the defendant/abuser, and a defendant cannot be arrested for violating orders if he or she has not been given a copy of them. The orders can restrain the defendant from coming near you or your children, keep the defendant away from your home, and/or place of employment or contacting you at all, and determine child custody issues on a short-term basis.

Violation of a protection order is a criminal offense (see generally 19-A Me. Rev. Stat. sec. 4001 et seq).

The temporary orders will indicate the date set for the court hearing at which you can try to extend your court orders. At this point, the defendant will tell his or her side of the story as well, and you can be called upon to answer questions. At this stage, both parties often have attorneys. If the Court determines the defendant has made a credible threat to the physical safety of you or a child in your household, the relief may be extended for up to two years.

If for some reason you decide not to go through with the order, it is important to show up in court on your assigned date and ask that the case be dismissed.

In addition, Maine’s harassment law described below may be useful for people who are experiencing harassment from a partner of the same sex. An order preventing harassment can be taken out against anyone (5 Me. Rev. Stat. sec. 4651. See also http://www.courts.state.me.us/publications_other/pa_ph-1207.pdf).

Where can I go to get help?

In Maine, local domestic violence projects across the state provide direct services to victims of domestic violence. The Maine Coalition to End Domestic Violence (MCEDV) is a coalition of the nine domestic violence projects in the state. There is a statewide domestic violence helpline at 866-834-HELP (4357). This number will direct victims to support centers in their county. These support centers also provide court advocacy. MCEDV maintains information for same-sex partners on their website at http://www.mcedv.org.

In addition to the local police, there are several other hotlines and on-line resources:

Sexual Assault Support Hotline, (800) 871-7741 (statewide, 24-hours), a complete listing of local member sexual assault centers can be found at http://www.mecasa.org/;
Office of the Maine Attorney General, 207-626-8800, http://www.maine.gov/ag/.

Does domestic violence play a role in parental rights and responsibilities decisions?

Yes. It is a factor the court must consider in allocating parental rights and responsibilities, and courts may provide conditions upon an abuser seeing his or her children (see generally 19-A Me. Rev. Stat. sec. 1653 (6)).

Marriage | Maine

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Can same-sex couples marry in Maine?

Yes! On November 6, 2012, Maine became the first state to obtain marriage rights for same-sex couples through an initiative process rather than a court case or vote by a legislature. Maine Question 1, An Act to Allow Marriage Licenses For Same-Sex Couples and Protect Religious Freedom,⁵⁰ was approved by the voters of Maine 53 to 47 percent.

Three years later, in Obergefell v. Hodges (135 S.Ct. 2584 (2015)), the U.S. Supreme Court made marriage equality a reality nationwide when it held that the U.S. Constitution guarantees same-sex couples the right to marry. GLAD’s own Mary Bonauto represented the plaintiffs during oral arguments. Post-Obergefell, all 50 states are required to issue marriage licenses to same-sex couples, and all states must respect the marriages of same-sex couples performed in other jurisdictions.

Can Maine same-sex couples get married anywhere else?

Yes. Thanks to Obergefell v. Hodges, all states are required to issue marriage licenses to same-sex couples.

Will Maine respect my marriage? Will other states?

Yes. Maine will respect the legal marriages of same-sex couples regardless of where the marriage was performed, just as all states will now respect the marriage of a same-sex couple married in Maine.

Will the federal government respect my marriage?

Yes. Thanks to the recent demise of the Defense of Marriage Act (DOMA) in Windsor v. United States (133. S.Ct. 2675 (2013)), the federal government will recognize and respect the legal marriages of same-sex couples.

DOMA, a federal statute which defined marriage exclusively as the union between one man and one woman, once prevented same-sex spouses from accessing the 1000+ federal laws pertaining to marriage, including taxes, Social Security (including SSDI and SSI), immigration, bankruptcy, FMLA, federal student financial aid, Medicaid, Medicare, veteran’s benefits, and TANF. Happily, in 2013 the U.S. Supreme Court struck down DOMA as unconstitutional. GLAD filed the first challenge to DOMA in 2009, Gill v. OPM (699 F.Supp.2d 374 (2010)), and the legal framework developed in that case was used in many subsequent cases, Windsor included. GLAD was also responsible for coordinating the Windsor amici briefs.

Unfortunately, one issue that has yet to be definitively resolved by Windsor and Obergefell concerns spousal benefits and self-insured health plans. While Massachusetts state law prohibits discrimination based on sexual orientation, self-insured health plans are governed by federal law. Title VII, the federal anti-discrimination statute, only prohibits discrimination based on race, color, religion, sex, or national origin—sexual orientation is not explicitly included. As a result, some self-insured employers claim they can legally deny benefits to same-sex spouses.

Luckily, this issue is far from settled. Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) took the position that Title VII’s prohibition against ‘sex discrimination’ encompasses discrimination based on sexual orientation (see Baldwin v. Foxx, Agency No. 2012-24738-FAA-3 (July 15, 2015)).

If your employer is discriminating against you in spousal healthcare benefits on the basis of sexual orientation, contact GLAD Answers.

Can I obtain Social Security survivor benefits if my spouse dies?

Yes, because as stated above, same-sex married couples are entitled to all the benefits provided to different-sex married couples.

However, until the Obergefell v. Hodges decision on June 26, 2015, many same-sex couples lived in states where unconstitutional marriage laws prevented same-sex couples from getting married. So when their spouse passed away, they were not able to meet the Social Security survivor benefit condition of having been married for 9 months.

To correct this unfairness, Lambda Legal filed two lawsuits, Ely v. Saul and Thornton v. Commissioner of Social Security and was successful in obtaining a way for same-sex couples to file for Social Security survivor benefits who either never married (Ely v. Saul) or were finally able to marry but were married less than 9 months when their spouse passed away (Thornton v. Commissioner of Social Security).

These two rulings allow same-sex couples, who were excluded from marriage because of discriminatory state laws and consequently were not eligible to apply for Social Security survivor benefits, to submit an application. However, the success of that application rests on providing enough documentation to prove to Social Security that the only reason they did not meet the 9 month requirement was because of the discriminatory state laws.

The following link gives more detailed information and has FAQs for each lawsuit and lists some of the ways you might be able to provide the documentation needed to qualify for the survivor benefit: Information for Surviving Same-Sex Partners and Spouses Previously Excluded from Social Security Survivor’s Benefits Because of Unconstitutional State Marriage Laws | Lambda Legal.

What steps can a couple take to safeguard their relationship in Maine?

Whether the couple is married or in a Maine registered domestic partnership or does not have an legal relationship, they can protect their relationship through the following:

Relationship Agreement or Contract: Agreements regarding property and finances should be respected and honored according to ordinary rules of contract law. The Maine Law Court has not yet specifically ruled on the subject, but that result comports with Maine contract law and the law of other states that have found such agreements to be enforceable.
Durable Power of Attorney: Any competent person may appoint another person as their “attorney-in-fact” for financial and/or other matters in the event they become incapacitated or disabled. If no such appointment is made, then a “family” member will be empowered to make decisions for the disabled or incapacitated individual.

A person may also nominate their guardian or conservator in the same document. This is a longer-term appointment that takes priority over the attorney-in-fact. This choice can only be rejected by a court for “good cause or disqualification.” The mere fact that a family member is not named as the guardian or conservator does not constitute good cause.

Durable Power of Attorney for Health Care: Medical care providers often look to next-of-kin to make health care decisions for an incapacitated individual. If an unmarried person wants someone other than their legal family to make these decisions, then a durable power of attorney for health care is a critical source of protection. In Maine, a person can appoint a health care agent to make decisions for him or her immediately, or upon incompetence. It must be signed by two witnesses (not including the person appointed as attorney-in-fact). It can only be revoked while they are still competent. Otherwise, it must be revoked in court.

While a written Durable Power of Attorney provides the most certainty that a person will be cared for by the person they want to make those decisions, Maine law also has a procedure by which “an adult who shares an emotional, physical and financial relationship with the patient similar to that of a spouse” can make health care decisions for an incapacitated person.

This provision might be cumbersome to enforce but provides a way for a partner to be involved in their incapacitated partner’s health care decisions absent documentation.

Within this Durable Power of Attorney for Health Care, or in a separate document called an “Advance Directive,” a person may address end of life issues like artificial nutrition and other life-sustaining treatments. The Attorney General’s Office has a model advance directive posted on their website, Advance Health-Care Directive Form | Maine.gov .

While a written Advance Directive provides the most certainty that a person’s wishes will be followed, Maine law also allows a procedure for a person to make end of life decisions for another if they can prove they are family members. Spouses are given first priority, followed by “an adult who shares an emotional, physical and financial relationship with the patient similar to that of a spouse. ”This provision might be cumbersome to enforce but provides a way for a partner to be involved in their partner’s end of life decision.

Will: Without a will and without having registered as a domestic partner, a deceased unmarried person’s property passes to: (1) their children; (2) their family; (3) if next-of-kin cannot be located, to the state. If the person wishes to provide for others, such as their partner, a will is essential. Even if a person has few possessions, they can name in the will who will administer their estate. If a person has children, they can nominate a guardian of the child which will become effective upon death. Such nominations are highly regarded by courts although they are not binding on the court.
Funeral Planning Documents: Upon death, a person’s next-of-kin is given control of the deceased’s body. This means that a person’s own partner has no automatic right to remove the body or make plans for a final resting place.

If a person has either (1) registered as a domestic partner under the state law; and/or (2) designated in writing that another person is to have custody and control of their remains (such as their partner or a friend), then that person will have control over the body as well as funeral arrangements and the selection of a final resting place.81 It is infinitely preferable to prepare funeral planning documents in advance than to leave instructions as part of a will since a will may not be found for days after death.

Does a person need an attorney to get these documents?

GLAD recommends working with an attorney on these documents.

Although some forms are available, the form may not be suited to your individual needs and wishes and may not conform to the specific requirements of Maine law, which would render them invalid and unenforceable.

Moreover, attorneys may be able to help effectuate your goals, for example, by drafting a will in a way which is more likely to deter a will contest by unhappy family members. In addition, many people find attorney assistance critical because same-sex couples are afforded different tax treatment from married heterosexual couples. Failure to consider tax consequences can lead to enormous difficulties upon death or separation.

What happens if we need to end our marriage?

After Obergefell v. Hodges, same-sex spouses everywhere should be able to dissolve their marriages on the same terms as different-sex spouses.

What standards should same-sex couples with children who are breaking up maintain?

Same-sex couples with children who are breaking up should:

Support the rights of LGBTQ+ parents;
Honor existing relationships regardless of legal labels;
Honor the children’s existing parental relationships after the break-up;
Maintain continuity for the children;
Seek a voluntary resolution;
Remember that breaking up is hard to do;
Investigate allegations of abuse;
Not allow the absence of agreements or legal relationships to determine outcomes;
Treat litigation as a last resort; and
Refuse to resort to homophobic/transphobic laws and sentiments to achieve a desired result.

For more detailed information about these standards see the publication Protecting Families: Standards for LGBTQ+ Families at: Protecting Families: Standards for LGBTQ+ Families | GLAD.

Navigating Police Interactions | Maine

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Is it legal for the police to tell me to “move along” from public areas?

Not necessarily. If the area is public and not posted as having particular hours, you generally have a right to be there as long as you are engaged in lawful activity. Public places belong to everyone. Even if police officers want to deter crime, or suspect some kind of unlawful intent, they have no general right to request people to move from one place to another unless there is unlawful conduct (Kent v. Dulles, 357 U.S. 116, 126 (1958); State v. Aucoin, 278 A.2d 395, 397 (Me. 1971)(striking down former version of Portland’s loitering ordinance)).

What are the general rules about interaction with police?

The presence of individuals who appear to be gay, lesbian, bisexual or transgender—whether because such individuals are displaying symbols such as a rainbow flag or pink triangle or for any other reason—should not trigger any special scrutiny by a police officer, other than a concern for the safety and well-being of those persons that the officer would have for any other park or rest area patron.

Police may of course approach a person, and make inquiries, but even if a person has been convicted of a past offense, or fails to respond, or responds in a way which does not satisfy the officer, that alone is not grounds for the person to be arrested.

Brief intrusions upon a person are permitted if an officer can say why he or she is concerned and that concern is reasonable. For example, if an officer is concerned about someone’s safety, or suspects the person may have committed a crime, or suspects the person has committed a traffic infraction, then a stop is reasonable (State v. Gulick, 759 A.2d 1085 (Me. 2007), *2; State v. Connors, 734 A.2d 195 (Me. 1999)(investigatory stop justified when officer has articulable suspicion of civil violation or criminal activity and such suspicion is objectively reasonable in the totality of circumstances)).

An arrest can only occur upon “probable cause” that a crime has been committed (State v. Boylan, 665 A.2d 1016 (Me. 1995)(probable cause to arrest where officer has reasonably trustworthy information that would warrant an ordinarily prudent and cautious officer to believe the subject did commit or was committing a crime). See also Terry v. Ohio, 392 U.S. 1, 16 (1968)).

What can I do if I believe I have been improperly treated by the police?

Complaints may be made to any individual police department for matters concerning its officers, and complaints to the Maine State Police may be made to the commanding officer of the alleged harasser. The contact person is the Director of Internal Affairs at (207) 624-7290. The State Police have a toll-free number at (800) 452-4664. The complaint should specify the name or badge number of the officer, and state whether the complaint is for actual misconduct, harassment or discrimination.

In some cases, an individual may decide to pursue a lawsuit—because of injuries, improper detainment, or for some other reason. These matters are highly specialized, and GLAD can provide you with attorney referrals. People can also register serious complaints with the Attorney General’s Office, Investigations Unit at (207) 626-8800.