Voters’ Rights in Maine

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Voter ID laws are a form of voter suppression and keep eligible voters from being able to actively participate in our political process.

Together with EqualityMaine, GLAD testified against LD 34, An Act to Require a Person to Show Photographic Identification for the Purpose of Voting. The bill is unnecessary for numerous reasons, including that Maine already uses other ways to effectively verify identity and address, but most specifically because voter ID laws are a form of voter suppression. While voter ID laws disproportionately impact many communities, our testimony highlighted the effects the bill would have on transgender people and older adults.

Read the testimony.

Aging | Discrimination | Maine

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Does Maine have an anti-discrimination law protecting LGBT 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 In May 1997, Maine approved an anti-discrimination law based on sexual orientation, but this law was repealed in a special election in February 1998.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 of as LGBTQ+?

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

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 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)).

Guardianship and Conservatorship

You are entitled to be represented by a lawyer in guardianship (care of your person) or conservatorship (care of your financial matters) cases. If you cannot afford one, Maine should provide one for you.

You have a right to notice of any guardianship or conservatorship proceedings involving yourself.

Even if you are under guardianship, you still have freedom of religion and the right to maintain your religious practice.

Social Security Benefits

The Social Security Administration (SSA) now recognizes marriages of same-sex couples for Social Security benefits, Medicare entitlement, and eligibility and payment amounts for Supplemental Security Income (SSI) payments. In Maine, registered domestic partners are entitled to the same benefits as spouses

Health Care Proxy

You can designate who you want to make your financial decisions in case you are unable to make them. This is called a healthcare proxy.

Power of Attorney

You can designate who you want to make your financial decisions in case you are unable to make them. This is called a power of attorney.

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Celebrating Historic LGBTQ+ Representation in the 2022 Elections

While we don’t know the full results from Tuesday’s midterm elections yet, we know there are many things to celebrate, including the historic representation of LGBTQ+ elected officials. We are celebrating:

Maura Healey was elected the first out lesbian governor in the country, as well as the first woman governor in Massachusetts.
Oregon’s Tina Kotek was voted in as the nation’s second openly lesbian governor.
Andrea Campbell won a historic victory as the first Black woman Attorney General in Massachusetts.
Vermont has elected its first LGBTQ+ legislator – and first woman – to Congress in Representative-Elect Becca Balint.
California Representative-Elect Robert Garcia became the first openly gay immigrant elected to Congress. He is the third openly gay representative elected to Congress from California.
Montana and Minnesota elected their first transgender state representatives: Zooey Zephyr in Montana and Leigh Finke in Minnesota.
New Hampshire Representative-Elect James Roesener became the first transgender man ever elected to a state legislature.
Minnesota elected Alicia Kozlowski, the first nonbinary member in the state legislature.

Along with so many firsts, voters supported a number of positive ballot measures:

Five states voted to protect access to abortion: California, Michigan, Vermont, Kentucky, and Montana.
Vermont, along with Alabama, Oregon, and Tennessee, passed constitutional amendments banning slavery and involuntary servitude as a punishment for crime.
In a crucial win for voting rights, Michigan and Connecticut expanded early voting.
In Massachusetts, voters upheld a law that protects access to driver’s licenses for all people who live in the Commonwealth, regardless of immigration status.

Celebrating our victories fuels our hope, and our hope will sustain us in our work for justice.

The path to protecting democracy and truly fulfilling the promise of freedom, equality, and justice for all is long. It extends beyond any one election cycle. This election held some good news and some setbacks, but we must all stay engaged every day for the long term. With you by our side, GLAD will be here to keep fighting every day and every step of the way.

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The investigation adds to years of evidence that Maine is institutionalizing children with disabilities, instead of providing necessary supports in the community.

An investigation into Maine’s children’s behavioral health system by the United States Department of Justice (DOJ) finds statewide failures that create a significant risk of segregating and institutionalizing children with disabilities, in violation of the Americans with Disabilities Act. The Department of Justice issued its findings on the 23rd anniversary of the landmark Supreme Court decision Olmstead v. L.C., which found that unnecessarily segregating people with disabilities into institutional settings violates the Americans with Disabilities Act. Yet, the DOJ investigation concluded that “Maine unnecessarily segregates children with mental health and/or developmental disabilities, in psychiatric hospitals, residential treatment facilities, and a state-operated juvenile detention facility.” In the findings letter, DOJ concluded that:

“Maine’s community-based behavioral health system fails to provide sufficient services. As a result, hundreds of children are unnecessarily segregated in institutions each year, while other children are at serious risk of entering institutions.”
“Children are unable to access behavioral health services in their homes and communities—services that are part of an existing array of programs that the State advertises to families through its Medicaid program (MaineCare), but does not make available in a meaningful or timely manner.”
“Maine children with behavioral health needs are eligible and appropriate for the range of community-based services the State offers, but either remain in segregated settings or are at serious risk of institutionalization.”
“Families and children in Maine are overwhelmingly open to receiving services in integrated settings. In fact, parents indicated a strong preference that their children receive services at home due to trauma, neglect, and abuse that their children reportedly endured in residential facilities within and outside of Maine.”

The significant deficiencies highlighted by DOJ are the result of years of disinvestment in Maine’s children’s behavioral health system. In response to these deficiencies, a coalition of organizations – Disability Rights Maine, ACLU of Maine, GLBTQ Legal Advocates and Defenders (GLAD) and the Center for Public Representation – have been working together to advocate for concrete and urgent reforms at the state level. The coalition has expressed its serious concerns about the state’s failure to provide critical behavioral health services in children’s homes and communities, and is in active discussions with the state about specific ways Maine can improve and build on its existing services. The following statements can be attributed as noted: Carol Garvan, Legal Director, ACLU of Maine “All children should have the opportunity to lead rich, full lives in their communities. The state must provide critical community-based behavioral health services to make that a reality. Because the state has disinvested in its children’s behavioral health system for years, we are unnecessarily putting children with disabilities into institutions — in prison, in emergency rooms, in psychiatric facilities. This kind of segregation violates the basic right of children with disabilities to be free from discrimination.” Atlee Reilly, Legal Director, Disability Rights Maine “Despite years of notice, Maine has not yet come to terms with the scope of the problem it faces, the significant harm being done to a generation of youth and families, and the enormous future costs that will continue to mount unless the longstanding deficiencies in the children’s behavioral health system are addressed with the urgency required. Maine must turn away from expensive and ineffective institutional solutions and toward a system that supports youth in their homes and communities.” Mary L. Bonauto, Civil Rights Project Director, GLBTQ Legal Advocates & Defenders (GLAD) “Young people have limitless potential when they receive the care and support they need. Maine’s longstanding failure to provide the full measure of needed mental and behavioral health care services is no secret. As the Department of Justice report states in its Findings Letter of June 22, 2022, this has led to an emphasis on confinement in institutions, including residential facilities, psychiatric hospitals and Long Creek, a juvenile detention facility, rather than with families in homes and communities. This is a solvable crisis, and now is the time to do so.” Steven Schwartz, Legal Director, Center for Public Representation “Children and youth thrive when they grow up in their homes, stay in their communities, and remain near their friends and neighbors. Removing them to distant institutions is expensive, unnecessary, and simply harmful. Several other states, including neighboring Massachusetts and Rhode Island, have created a comprehensive system of intensive home-based services that allow children to receive needed treatment while remaining with their families and in their neighborhood schools. Maine needs to do the same.” BACKGROUND The state is on notice about the significant failures in its children’s behavioral health system, which primarily serves low-income children who are eligible for MaineCare. An independent assessment of the system in 2018 identified many of the same deficiencies as the DOJ investigation, finding that children’s behavioral health services were not available when needed, or not available at all. A separate independent assessment of the juvenile justice system in 2020 found that many youth are detained and incarcerated at Long Creek because they couldn’t access appropriate community-based services for their behavioral and mental health needs. Because of years of disinvestment, conditions on the ground for youth and families have continued to deteriorate. Community-based services — such as access to behavioral health providers in home and at school — are unavailable for many youth when and where they need them. When the state fails to meet children’s mental and behavioral health needs, their situation is more likely to escalate into a crisis. This leads to the unnecessary institutionalization of children in emergency departments, in psychiatric facilities, and in prison. As a result, Maine youth are separated from their communities and families and sent to institutions far from their homes. Maine youth are stuck in hospitals, emergency departments and crisis units for long periods of time because the services needed to support a safe discharge home are not available. And Maine continues to put children in prison because the state is failing to provide these youth with appropriate community-based services.

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“The model transgender nondiscrimination policy and public statement embracing transgender residents set a clear example for how such facilities can and should operate with respect to transgender older adults.” – Chris Erchull, GLAD Staff Attorney

Marie King, a 79-year-old transgender woman, and Sunrise Assisted Living have reached a landmark settlement in a case at the Maine Human Rights Commission involving discrimination in access to Sunrise’s facility in Jonesport, Maine. Ms. King was denied a room at the facility because she is transgender. The Commission, which is also a party to the agreement, approved the terms of the settlement at its meeting today.

Under the terms of the settlement Adult Family Care Homes of Maine (AFCH), which operates Sunrise and eight other facilities in the state, will adopt a comprehensive transgender nondiscrimination policy. Additionally, all employees and administrators at all nine facilities will attend LGBT-competency training provided by SAGECare, the leading such training provider for agencies serving older adults. AFCH will also prominently post a transgender nondiscrimination statement on the company’s website.

“I’m thrilled to see this positive outcome,” said Ms. King. “I believe the new policies will keep others from experiencing mistreatment and will help people understand that transgender people are only seeking to be treated with dignity and respect like anyone else.”

Learn more about the case

The nondiscrimination statement on AFCH’s website will state that all AFCH facilities provide “a welcoming and inclusive environment for lesbian, gay, bisexual, and transgender residents” and specifically that staff will “treat transgender individuals in accordance with their gender identity in all aspects of admissions, placement, and programming.”

In addition, AFCH is adopting a model nondiscrimination Policy. The Policy provides that AFCH facilities “will treat applicants who are transgender and provide its living and support services to people who are transgender in accordance with their gender identity,” and specifically that “[p]lacement of an applicant/resident in a shared room setting that is separated by sex shall be made based upon the applicant/resident’s gender identity, not their assigned sex at birth.” The Policy emphasizes that “[t]ransgender women will be respected fully as women and treated the same as other women in the facility,” and provides that harassment based on gender identity or transgender status – as with any other protected class – is prohibited and staff must intervene to stop it if it does occur.

“Anyone who needs access to a long-term care facility, including transgender people, should be welcomed with dignity, compassion and respect,” said Chris Erchull, staff attorney at GLAD. “The settlement with Adult Family Care Homes of Maine addresses the profound harm Marie experienced in being turned away because of who she is. The model transgender nondiscrimination Policy and public statement embracing transgender residents set a clear example for how such facilities can and should operate with respect to transgender older adults.”

In the spring of 2021, a social worker at Pen Bay Medical Center contacted Sunrise on behalf of Ms. King, who at the time was a patient at the hospital. The facility initially said there was a room available, but upon learning that Ms. King is transgender Sunrise informed the hospital they would not admit her because she requested to reside in a room with a female roommate.

On March 14, the Maine Human Rights Commission issued a finding of reasonable grounds that in turning Ms. King away the facility discriminated against her in access to housing and a place of public accommodation on the basis of her gender identity, transgender status, and her sex, all protected under the Maine Human Rights Act. The Commission’s action followed an investigation in the discrimination complaint filed on behalf of Ms. King by GLBTQ Legal Advocates & Defenders (GLAD), the first known discrimination complaint filed in the U.S. by a transgender older adult against a long-term care facility.

“The settlement in Ms. King’s case sends an unmistakable message that transgender older adults should be treated with dignity and respect when seeking long-term care services,” said GLAD senior attorney Ben Klein. “The joint resolution between the parties and the Maine Human Rights Commission makes clear that discriminating against an applicant because they are transgender violates the law, and the nondiscrimination Policy and LGBT-competency training required by this settlement are models for facilities across Maine and the nation to follow.”

In a joint statement, AFCH and GLAD expressed their hope that the positive resolution of this matter “will lead long-term care facilities across the country to adopt policies that ensure transgender older adults, indeed all older adults, will be treated with dignity and respect.”

“This agreement reinforces a core value shared by those who provide long-term care: that all of us are entitled to dignity and respect as we age,” added GLAD Civil Rights Project Director and Maine Attorney Mary Bonauto. “That is all Marie and other transgender older adults are asking for and it is what our laws require.”

In addition to this case, the federal Department of Health and Human Services has a pending investigation of Sunrise’s actions here under the sex discrimination provisions of the Affordable Care Act.

Learn more about the case

Pride 2022 Events

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Join GLAD and LGBTQIA+ organizers in celebrating this Pride season across the New England region. From festivals to marches, there are a host of local events to attend and celebrate with the community!

The Trans Pride by Transgender Emergency Fund
June 4, 11am-3pm
City Hall Plaza
Boston, MA
Learn More

Provincetown Pride & WOC weekend
June 3-June 5, 6:30pm-9:30pm
Provincetown, MA
Learn More

Boston Dyke March
June 10, 6:30pm-9:30pm
Parkman Bandstand On Boston Common
Boston, MA
Learn More

Boston Pop-Up Pride
June 12, 11am-5pm
The Boston Common
Boston, MA
Learn More

Rhode Island Pride
June 18, 12pm
Providence Innovation District Park
Providence, RI
Learn More

Trans Resistance March & Festival for Black Trans Lives
June 25, 12pm – 5pm
Franklin Park Playstead, Pierpont Rd
Boston, MA
Learn More

Nashua Pride Festival
June 25, 2pm-6pm
229 Main Street
Nashua, NH
Learn More

Boston Urban Pride Weekend
June 30-July 3
Boston, MA
Learn More

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Logos of ACLU ME, Out Maine, Equality Maine, GLAD, and Maine Women's Lobby
All youth in Maine should be safe at school, including LGBTQ+ youth. This ought to be obvious. So we are all deeply disappointed to see that playbooks used in other states that fearmonger about transgender young people in our communities have made their way to Maine. It is deeply hurtful to see young people’s lives become the subject of attack ads and controversy that disrupt their and their families’ lives.

Whether you’re a parent, teacher or community member, we all know that young people do best when they are seen, loved and supported. We all want kids to feel that support and care, and to succeed at school and in life. LGBTQ+ youth, including transgender youth, need and deserve that same support and care.

We understand that not everyone knows a transgender person and may have questions. We are all here to engage with you about those questions. Some of us are transgender and grew up here. All of us know that LGBTQ+ youth, including transgender youth, are part of our communities and with support, are succeeding in ways that would make anyone proud.

The Department of Education should be applauded for its stance on supporting all LGBTQ+ students, families and staff, and its recognition that every student deserves a safe and equitable school environment. We also recognize and appreciate that teachers do the hard work of helping young people learn in ways that are age- and educationally- appropriate. The Department can do more to build out its commitment and to support schools and teachers in this work. Organizations like ours are advocating for parents and families who seek safe, supportive, and successful schools across Maine.

There is a need for more conversations and action to ensure every child gets the support and education they need to succeed. But let’s not pretend that the wake of an attack ad is the time or place for it.

Signed,

ACLU Maine
Equality Maine
GLBTQ Legal Advocates & Defenders (GLAD)
Maine Women’s Lobby
Out Maine

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LD 1539 will for the first time require private insurers in Maine to cover fertility care

Governor Janet Mills signed LD 1539, An Act to Provide Access to Fertility Care, on May 2, 2022, and today will hold a ceremonial signing for the law in Augusta. The law requires private health insurance policies in Maine to provide coverage for medical interventions including fertility diagnostic care, fertility treatment, and medically necessary fertility preservation. Resolve New England (RNE), a non-profit organization that provides support, education and advocacy for fertility patients, led the coalition to support LD 1539, which included LGBTQ legal advocacy organization GLBTQ Legal Advocates & Defenders (GLAD). RNE and GLAD issued the following statements praising Governor Mills for signing the bill: “We hear daily from people across New England who are struggling with fertility and family building. Without insurance coverage, many individuals and couples in Maine are going deeply in debt to try to make their dreams of parenthood come true, if they can even afford to try at all,” said Kate Weldon LeBlanc, Executive Director of Resolve New England. “We’re thrilled to see Governor Mills sign this important, pro-family legislation. This new law will considerably improve access to fertility care for all Mainers hoping to grow their families, including couples with infertility, LGBTQ+ people, cancer survivors and more.” “Fertility care is critical care for so many people, including LGBTQ+ people. Yet, without insurance coverage, it is out of reach for many due to the cost,” said Polly Crozier, Senior Staff Attorney at GLAD, who was joined in their testimony by EqualityMaine. “We’re grateful to the Legislature and to Governor Mills for their action ensuring fertility coverage that is inclusive and best practice.” GLAD Attorney Mary Bonauto added, “Fertility is an issue for many people, and this care will allow people to bring children into their lives when they are otherwise unable to do so. This law will more equitably support Maine people in building their families and will provide more families with access to quality, timely care.” The bill’s effective date is 1/1/24 and allows the Bureau of Insurance time to address “reasonable limitations” on coverage. With the enactment of LD 1539, Maine joins states across the country that have recognized it is sound public policy to help people build their families and allow them to love and nurture our next generation of Mainers. New Hampshire passed a coverage bill in 2019, and fertility care laws in Connecticut, Massachusetts, and Rhode Island have been in place for decades and have become part of the fabric of the states’ health care systems. With LD 1539, 20 states across the country now have fertility insurance laws, including all the New England states except for Vermont.

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The Maine Human Rights Commission by a 3-2 vote today issued a finding of reasonable grounds that an assisted living facility violated state nondiscrimination law by turning away a transgender woman. The Commission’s action followed an investigation in the discrimination complaint filed by GLBTQ Legal Advocates & Defenders (GLAD) on behalf of Marie King, a 79-year-old woman who was denied a room by Sunrise Assisted Living because she is transgender. It is the first known discrimination complaint filed in the U.S. by a transgender older adult against a long-term care facility.

“Being turned away because I’m transgender was wrong and it hurt,” said Ms. King. “It’s a relief to have the Commission recognize that. I know I’m not the only person this has happened to and I hope my case leads to better understanding.”

“This is a significant finding for Ms. King and for other transgender older adults who face similar barriers when seeking the care many of us need as we age,” said GLAD Staff Attorney Chris Erchull. “The Commission’s action sends a clear message both to transgender people and to long-term care facilities that turning someone away because they are transgender violates the legal protections meant to ensure equal treatment for everyone.”

In the spring of 2021, a social worker at Pen Bay Medical Center contacted Sunrise on behalf of Ms. King, who was a patient at the hospital. The facility initially said there was a room available, but upon learning that Ms. King is transgender Sunrise informed the hospital they would not admit her because they were concerned she wanted to reside in a room with a female roommate.

The Commission made a finding of reasonable grounds that Sunrise discriminated against her on the basis of her gender identity, transgender status, and her sex, all protected under the Maine Human Rights Act. The Commission will now bring the parties together to attempt to resolve the matter and, failing that, Ms. King’s case may proceed to court.

“We have nondiscrimination protections in our laws to ensure we are all treated equally and to address the profound harm people experience when they are not,” said GLAD Senior Attorney Ben Klein. “When Marie was denied a room at Sunrise because she is a transgender woman it was dehumanizing and it impacted her health, forcing her to stay in the hospital longer than was recommended by her medical team. The outcome we are all working toward is long-term care facilities where everyone who needs them is welcomed with courtesy and respect.”

Research indicates that transgender older adults are as likely as or even more likely than other older adults to require long-term care, including assisted living, due to the adverse health consequences of long histories of anti-transgender stigma and bias. Yet, as Ms. King’s case shows, transgender adults face systemic and widespread barriers when seeking care and support as they age.

“Today’s finding presents an opportunity to reinforce a core value shared by those who provide long-term care: that all of us are entitled to dignity and respect as we age,” added GLAD Civil Rights Project Director and Maine Attorney Mary Bonauto. “That is all Marie and other transgender older adults are asking for and it is what the Commission has confirmed the law requires.”

Learn more about the case, King v. Sunrise Assisted Living.

An Act to Make Certain Traffic Infractions Secondary Offenses

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On March 3, 2022, Mary L. Bonauto submitted testimony on behalf of GLAD, MaineTrans.Net, and Equality Maine in support of LD 1479, An Act to Make Certain Traffic Infractions Secondary Offenses.

LD 1479 lists certain offenses as not a justification for a traffic stop: littering, failing to register or display a registration, failing to display an inspection sticker, and some equipment issues. This bill would provide one way to proactively address harms and build equity into a law enforcement area that often involves racial profiling and can lead to escalation. Traffic stops are the most common form of law enforcement interaction with the American public, and officers disproportionately stop and cite Black, Brown, and Indigenous drivers.

Limiting traffic infraction stops that too often serve as pretext for searches and arrests is one of many necessary steps to disrupt patterns of oppression and violence in policing to historically marginalized people.