On January 14, GLAD submitted testimony in support of Maine LD 1804, An Act to Provide Consistency in the Laws Regarding Domestic Partners, along with MaineTrans.Net, Equality Maine, ACLU of Maine, and Maine Women’s Lobby.
Civil Rights Project Director Mary L Bonauto explains in this testimony:
This bill would streamline the definitions of “domestic partner” in Maine law to focus on the Probate Code definition of “domestic partner.” This would update and declutter the law by removing multiple definitional sections or clauses, and use the definition that the term “domestic partner… means one of 2 unmarried adults who are domiciled together under long-term agreements that evidence a commitment to remain responsible indefinitely for each other’s welfare.”
No one should have to choose between a paycheck and caring for a loved one. Paid family and medical leave policies should be inclusive of all kinds of families.
GLAD, together with EqualityMaine, MaineTransNet, ACLU of Maine, and Maine Women’s Lobby, is urging the Commission to Develop a Paid Family and Medical Leave Benefits Program to adopt an inclusive definition of family to ensure families of all kinds have the ability to take care of each other when the need arises.
An investigation by the Center for Children’s Law and Policy (CCLP) into reports of use of force at Long Creek this summer has confirmed that youth were subjected to chokeholds and prone restraints, in violation of the youth prison’s policy.
The report outlines significant shortcomings including
chronic staff shortages,
unclear policies about de-escalation and the use of force, and
a deeply flawed response to disturbances at the youth prison — which permits the use of chemical agents like pepper spray and intervention by an outside tactical team. “These responses may or may not be appropriate in state prisons, but they are inappropriate, counterproductive, and dangerous in youth facilities,” the report authors write.
This is the third time CCLP has evaluated conditions at Long Creek, and its findings are consistent with the conclusions from its first report in 2017.
Four years ago, CCLP found Long Creek is not designed to meet or manage the serious mental health needs of young people confined there.
Long Creek continues to be dangerously understaffed, and policies about de-escalation and the use of force remain unclear. In its most recent investigation, CCLP found that Long Creek still permits the use of so-called “therapeutic” prone restraints – even though the child welfare organization said the use of prone restraints needs to stop in its 2017 report.
“Staff should not use the prone restraint, period, and MDOC policy should say so,” the CCLP investigators write in their most recent report.
Finally, Long Creek continues to be unable to meet youths’ mental health needs: there are not enough mental health clinicians, and staff cannot adequately create or implement Intensive Behavioral Management Plans.
Long Creek is incarcerating 25 young people at a cost of almost $20 million annually.
Earlier this year, formerly incarcerated young people, led by Maine Youth Justice, and their allies advocated for a bill to close Long Creek. The bill, LD 1668, passed in the House and the Senate, but was vetoed by Governor Mills.
“The latest report from the Center for Children’s Law and Policy regarding the ongoing issues at Long Creek only proves what we already know: Long Creek remains a hotbed of negligence, failures, and broken promises to youth,” said Leyla Hashi, Communications Coordinator, Maine Youth Justice. “Implementing only minor changes to an inherently broken prison system won’t change the fact that young people are reportedly ‘treated like animals’ by the staff charged with their care.
“Ultimately, Maine’s children and teenagers belong in their homes and neighborhoods, with the mental health and social support they need to be healthy and happy individuals. Being locked in a cell and away from one’s family is deeply traumatic for youth. They deserve care and understanding as developing young people with futures beyond their mistakes.
“Maine Youth Justice will continue to fight for a future where Long Creek is shut down and all of Maine’s children are free from the devastating impact of incarceration,” Hashi concluded.
“The findings released by CCLP aren’t surprising or new, but they are shameful. They add to the years of evidence about Long Creek’s failures and how it has harmed young people. Incarcerating young people is irredeemably violent, both for the young people who are confined and the adults who have to confine them. No amount of reform can fix something irredeemable. Long Creek needs to be closed,” said Michael Kebede, Policy Counsel, ACLU of Maine. “We urge the Governor and the Legislature to listen to youth advocates – many of them survivors of Long Creek – and to face the mountains of evidence about Long Creek’s failures. It is long past time for the Governor and the Legislature to shut down Maine’s last youth prison and invest in the community-based services that young people need to be healthy and thriving.”
“CCLP’s most recent report documents, once again, that Maine continues to warehouse many youth with mental health needs at Long Creek due to a lack of appropriate mental health services in the community. Maine continues to ask Long Creek to do what it is not capable of doing. This has to end. Incarceration is not treatment,” said Atlee Reilly, Legal Director, Disability Rights Maine.
“More institutions are not an appropriate response to a failed institution. Maine youth deserve individualized and robust community-based services to support them in their homes and communities,” said Mary L. Bonauto, Civil Rights Project Director, GLBTQ Legal Advocates & Defenders (GLAD). “We’ve had years of news and consultant reports about Long Creek along with repeated, but unsuccessful efforts to reform it. It’s time to turn the page on Long Creek. The prison model simply doesn’t work for youth or our communities, and that’s why so many states have turned away from it. We can respond to inappropriate behavior in ways that both help young people become healthy and keep communities safe, as in other states and as outlined in past reports. Given the young people coming into the system with behaviors tied to genuine trauma and unmet mental health needs, our state should divert resources into needed care.”
Making Change Outside of the Courts: Advancing LGBTQ+, Racial, and Economic Justice
Rep. Jeff Currey, Lisa Rosenthall, Professor Doug NeJaime, advocates Stephanie and Denise, and GLAD Senior Staff Attorney Patience Crozier
GLAD has long relied on the whole mix of legal, policy, and advocacy tools to build a just society free from discrimination. To advance racial, economic, and LGBTQ+ justice and ensure the greatest possible impact for our communities, GLAD engages in the courts and at policy tables, in statehouses with legislators and advocates, and in community coalitions across New England and beyond.
In 2021 we worked in partnership with others to advance bills that will make a difference in the lives of LGBTQ+ families, adults, and youth. Some of these policies target harms individuals face because of poverty, racial inequities, anti-LGBTQ+ bias, or discriminatory laws, while others lay the groundwork for broader changes.
Nondiscrimination Laws: Fair Access toHousing and Public Spaces
GLAD advocated this year with partners to pass The Rhode Island Fair Housing Practices Act, signed into law in June.Access to housing is a basic necessity and critical to a person or family’s health, stability and wellbeing. Still, too often, discrimination gets in the way of attaining a safe place to live. The Act repeals LGBTQ-only exemptions in Rhode Island law that allowed discrimination based on sexual orientation, gender identity, or gender expression for smaller housing units, which make up a large percentage of housing stock in the state.
GLAD also worked in coalition to pass An Act Relating to Health and Safety – State Building Code, which requires single-use bathrooms in places of public accommodation to be labeled “restroom“ rather than restricted by gender. Not only does this protect transgender and nonbinary people from harm when using public restrooms, but it also improves accessibility for disabled Rhode Islanders and young children with differently gendered caretakers and helps everyone by reducing wait times.
Protecting Our Families: Expansion of Parentageand Adoption Laws
We Care Coalition members Stephanie and Denise, and their kids
As a complement to litigation, GLAD also seeks to pass updated, comprehensive laws to secure parent-child relationships regardless of whether the parents are married or how that child came into the world. These protectionsarecritical to children’s well-being and address the vulnerability families face from outdated laws and financial barriers in our existing system.GLAD’s work to update parentage and other family-related laws is both an LGBTQ+ equality and a priority for access to justice.
The passage this spring of the Connecticut Parentage Act(CPA) wasa victory years in the making. GLAD co-led the We Care Coalition with Yale Law School Professor Douglas NeJaime, working closely with bill sponsors Representative Jeff Currey and Senator Alex Kasserand other stakeholders on the bill’s text. Our coalition advocated by sharing the stories of impacted children and families in the Constitution state and organizing the effort to secure passage. Families and advocates celebrated what Professor NeJaimecalled“the most comprehensive parentage bill to pass to date,“ at a signing ceremony in Hartford on the first day of Pride Month. The CPA, which goes into effect January 1, 2022, fills gaps in Connecticut law that left children of LGBTQ, unmarried, or de facto parents vulnerable.
GLAD and our partners also successfully advocated for a critical update to the Maine Parentage Act of 2015 to expand access to the Voluntary Acknowledgement of Parentage for LGBTQ parents and others. This acknowledgment form provides a clear, fair, and simple way for parents to establish their legal connection to the child as soon as they are born and protects the family’s integrity and security. Governor Mills signed LD 222, An Act to Update the Maine Parentage Act, in June.
Massachusetts parent and MPA Coalition member J. and her child
With these two successful bills and updates in Vermont, Rhode Island, and New Hampshire over the past few years, nearly every state in New England has updated laws recognizing the diversity of how the LGBTQ community forms our families. We are working hard right now to pass the Massachusetts Parentage Act this year.In partnership with Resolve New England, we are leading a coalition of over 50 partner organizations and families to pass An Act Relative to Parentage to Promote Children’s Security (S 1133/H 1714). Learn more, share your family’s story, and get involved at www.massparentage.com.
Other important pending legislation to support families includes An Act To Promote Efficiency in Co-Parent Adoption (S 1124/H 1712) which would ensure a more streamlined process for
Massachusetts co-parent adoptions by LGBTQ couples who petition to adopt their own children, and An Act to Provide Access to Fertility Care (LD 1539), which would make forming families in Maine more attainable for LGBTQ+ couples, and all couples experiencing infertility, by increasing comprehensive medical insurance coverage for fertility diagnostic issues and treatment.
Supporting LGBTQ+ Youth: Schools, Child Welfare, and Juvenile Justice Systems
In June,justice-involved youth in Maine gained the right to counsel and petition foralternatives to incarceration when Governor Mills signed into law LD 320, An Act to Provide the Right to Counsel for Juveniles and Improve Due Process for Juveniles into law. GLAD worked with bill sponsor Rep. Victoria Morales, whose district includes the Long Creek juvenile facility, and advocacy partners on this 3-year effort to make necessaryreforms to the juvenile justice system. The bill:
Sets a minimum age of twelve for commitment to a juvenile correctional facility and provides that younger children may be detained no more than seven days unless the parties agree
Ends the mandatory one-year minimum commitment to juvenile correctional facilities
Requires judges to consider both the age of a young person and whether the offense committed would be regarded as a misdemeanor if committed by an adult when deciding whether incarceration is appropriate
Creates opportunities for judicial reviews of commitments; andappoints lawyers for both committed and detained young people
Keeping young people with supportive families, connected to resources, and out of correctional facilities is crucial to their opportunities for accountability and development for healthy adulthood.GLAD also supported a Maine Youth Justice–led bill to begin a process to close Long Creek, Maine’s one remaining juvenile prison. While that bill did not become law this session, weapplaudMYJ’s leadership on the issue. GLAD will continue to work in partnership with themand others on structural changes to our juvenile justice systems, including efforts to close Long Creek.
Also becoming law this June was An Act Regarding School Discipline for Maine’s Youngest Children, which essentiallyprohibits suspensions and expulsions for children in grade 5 or lower and bars the withholding of recess except for restorative justice interventions. Under the leadership of Rep. Victoria Morales and with the collaboration of Disability Rights Maine, the Maine Children’s Alliance, GLAD, and others, this revision of punitive disciplinary measures can keep children engaged in school and prevent issues of the school-to-prison pipeline, outcomes which disproportionately impact students of color and students with disabilities, including those who are LGBTQ+.
GLAD and partner organization OUT Maine collaborated with the Maine Department of Education on its first-ever LGBTQI+ website for the Department, launched in August. The site includes resources on student action groups, student rights, medical and mental health information, and much more, supporting and sustaining inclusive learning environments and contributing to student success at school and over a lifetime.
GLAD is co-leading a Racial and Equity Committee of the Maine Law Court’s Justice for Children Task Force to develop accurate information and support sound policy and interventions. With funding and leadership from the Maine Judicial Branch,the Task Force has commenced a multi-agency demographic data study about what data is collected in the Judicial Branch and the child welfare, education, public safety, and corrections systems, with a final report completed by November 2022.
In Massachusetts, GLAD supports Citizens for Juvenile Justice in their efforts to pass An Act Improving Juvenile Justice Data Collection (S 1558/H 1795). This billrequirescollecting critical demographic data at all stages of the juvenile justice system, including age, race, ethnicity, primary language, gender identity, and sexual orientation. S 1558/H 1795alsorequires an annual report overseen by the Child Advocate to ensure that the state uses resources efficiently to protect public safety and improve outcomes for youth.
Togetherwith other LGBTQ+ and youth advocacy organizations, GLAD is also advancing structural reforms in our child welfare systems and seeking to improve conditions for youth affected by these systems.
Respect for Our Humanity: Criminal Justice Reform and Reducing Prison Brutality
Transgender people face particular levels of brutality and harassment when incarcerated. GLAD has worked to address these harms through litigation and policy in prison systems across New England and the country. This year, GLAD worked with Maine Trans Net, legislative leaders, and corrections and law enforcement to craft a bill to improve health and safety conditions for transgender people when incarcerated in jails and prisons. LD 1044, which became law this summer, explicitly requires Maine DOC to respect and acknowledge an incarcerated person’s consistently held gender identity for placement irrespective of anatomy or physique, except for significant management, security, or safety reasons. The new law also requires Maine DOC to provide the programming and commissary items consistent with a person’s gender identity.
GLAD also supported and commends our partners in successfully passing bills to decriminalize homelessness and ban face recognition surveillance in Maine (similar legislation, S 47/H 135, is pending in Massachusetts). We are supporting partners in Massachusetts seeking to ensure cost-free phone calls for incarcerated people (Mass. S 1559), stop police profiling of transgender and low-income women by removing “common nightwalkers” and “common streetwalkers” from MA law (S 992/H 1800), move toward full decriminalization of sex work (H 1867) and pass comprehensive health and safety reforms for incarcerated LGBTQI people (S 1566/H 2484). GLAD also supported a bill in Maine, now law, to provide a defense to prostitution for reasons of economic hardship, preventing injury, or threats.
Living Life: Ensuring Access to Accurate Identification
All of us need accurate ID, and for transgender and non-binary people, it is essential for their safety and security.GLAD continues to work across New England to ensure everyone can access ID that reflects who they are, without barriers.
In August, we supported Rho, a non-binary Granite Stater, in successfully advocating for the New Hampshire DMV to remove barriers in choosing an “X” gender marker on their state-issued driver’s license or ID. Now people do not have to get a medical provider to attest to their non-binary gender identity, which can be a significant barrier to updating their ID. This policy change also applies to anyone changing their gender marker to X, M, or F and means that New Hampshire joins the rest of New England, as well as other states and municipalities, in having a straightforward process for people to have accurate state ID that affirms who they are.
In Maine this session, GLAD consulted on the substance of and supported LD 209 – An Act Concerning Name Changes for Minors, which clarifies and streamlines the process by which a parent or guardian can request a name change for a minor child by filing a petition in Probate court. The law drops the requirement to publish notice of the name change, allowing for confidentiality. It sets forth factors for judicial consideration, including the minor’s expressed preference and the child’s best interest. We also worked with community partners to pass LD 855 – An Act Regarding the Issuance of a Birth Certificate Following a Gender Marker Change, to ensure that new birth certificates issued following a name or gender marker change are not marked as amended, a crucial consideration to protect privacy and safety for transgender individuals.
In Massachusetts, we are working with coalition partners to advocate for An Act Relative to Gender Identity on Massachusetts Identification (S 2282/H 3521) and An Act Providing for a Gender-Neutral Designation on State Documents and Identifications (H 3126), bills that would codify a gender-neutral (“X”) designation for all Massachusetts forms and identification documents, including birth certificates.
Racial Impact Statements
A landmark achievement in the Maine 2021 legislative session with the potential to impact the lawmaking process and across systems is the enactment of LD 2,An Act to Require the Inclusion of Racial Impact Statements in the Legislative Process. Conceived and sponsored by Assistant House Majority Leader Rachel Talbot Ross, the law provides that any legislation considered in Maine may be evaluated for its racial impact at the request of any legislator or committee. GLAD provided LGBTQ-community testimony in support of LD 2. With the guidance of Black, Brown, Indigenous, and other leaders and communities of color, looks forward to supporting the use of this important and innovative tool.
LGBTQ+ youth and particularly Black, Brown, and Indigenous (BIPOC) youth are over-represented in child welfare systems, and young people impacted by these systems face increased risks of joblessness, homelessness, and interaction with the criminal legal system.
Poverty, structural racism, and anti-LGBTQ bias all play roles in determining which children and families are impacted and separated by the State. GLAD is working both to ensure our child welfare systems can meet the needs of BIPOC LGBTQ+ youth in their care and to move State approaches away from family separation and toward family supports.
In Maine this session, GLAD supported a bill to require the Department of Health and Human Services to provide families in need with assistance to meet basic necessitiesto prevent children from being removed from homes. This proposal recognizes that what is frequently labeled as “neglect” and therefore cause for family separation is simply poverty and requires the State to address that underlying cause before removing a child. While LD 396, unfortunately, did not pass this session, we’re continuing to push for such changes so that resources are focused on supporting children and families rather than separating them.
In Massachusetts,child welfare advocates, including GLAD, have been calling for change at the MA Department of Children and Families (DCF) for years in response to high-profilecatastrophic incidentsanddaily failings of the youth in DCF custody.
In August, with the contributions and engagement of GLAD, the Massachusetts Commission on LGBTQ+ Youth released a report on the treatment and outcomes of DCF-involved children that draws a plain conclusion: LGBTQ+ youth in DCF custody are in crisis. Along with alarming findings,the report offers clear insight into improving the lives of youth already in the system, providing more support for families of origin and foster families, and training staff and other professionals on the specific and timely needs of LGBTQ+ youth.
“Life in residential care got even harder after I started identifying as a transgender woman while placed in an all-boys program. The staff misgendered me most of the time. DCF denied me [gender-affirming care]… Their rationale was that they couldn’t“risk it.”In reality, they were risking my life by not giving me the healthcare I needed.”–Youth with a history of DCF involvement
As the Commission Chair says in the introduction to the report, “the status quo for LGBTQ youth in DCF is an emergency.”LGBTQ+ youth experience the repercussions of thelack of a clear, comprehensive agency policy affirming their identities, an insufficient supply of supportive placements, inadequate training for staff and foster families, and long delays and even denials of access to necessary healthcare. These shortcomings far too often lead to poor health and educational outcomes, violence, harassment, bullying, self-harm, and other devastating impacts. And these impacts often fall most harshly on Black and Brown LGBTQ youth and transgender youth, who face multiple biases and structural barriers.
“As a foster parent to transgender young people, I have not seen that DCF is able to engage in family support work around LGBTQ issues. They are always emphasizing what the parents have not done, rather than how to help them. I don’t know how DCF thinks they are ever going to reunify families if they don’t have empathy or compassion and if they aren’t willing to educate and support the parent. Without that, their job becomes to break families apart.”–Foster Parent
GLAD and our LGBTQ+ Child Welfare Alliance partners are calling on policymakers and legislators to act immediately to improve the child welfare system with the following measures:
Collection and reporting of comprehensive, intersectional data that allows DCF and other responsible entities to track outcomes for LGBTQ+ youth and to understand and meet their needs better. The legislature should pass An Act Relative to Accountability for Vulnerable Children and Families (H.239/S.32) with a requirement that DCF consistently collects and report intersectional sexual orientation and gender identity data.
Development and implementation of a comprehensive LGBTQ+ policy and training for all adults who come into contact with LGBTQ+ youth, including staff, foster families, and providers. Neighboring states such as Connecticut, Rhode Island, Vermont, and sister state agencies like DYS have such policies.
The legislature should pass H.211/S.88 to create an independent Foster Care Review Office to improve accountability, transparency, and oversight for the foster care review process, to strengthen protections for youth in DCF care and custody.
Increase and tracking of affirming placements for LGBTQ+ youth in both foster homes and group settings.
Improved, more timely access to gender-affirming healthcare for transgender youth.
Creation of a statutory foster child bill of rights with explicit protections for LGBTQ+ youth, including access to gender-affirming medical care.
“Ultimately, it took nearly two years to get my child the care she needed. Bias and transphobia from multiple professionals involved in the child welfare system hindered the process. Foster parents do not receive training on this. Can you imagine what happens to a child who ends up in a home where the foster parent does not already know all of this?” – Foster Parent
The findings of the Commission’s report are dire, but our advocacy is working. The momentum is building, and a new gender-affirming care policy goes into effect on September 30. Later in the fall, GLAD Senior Staff Attorney Patience Crozier is moderating a series of trainings in collaboration with Child Protection and Child Services on better serving transgender youth and other LGBTQ+ people. There is much to do, but we are working harder than ever to directly impact young people’s treatment and lives in state custody. To get involved, visit GLAD.org/mass-alliance.
UPDATE: Marie King and Sunrise Assisted Living have reached a landmark settlement in a case at the Maine Human Rights Commission. “I’m thrilled to see this positive outcome,” said Ms. King. Learn more.
We all deserve to be treated with dignity and respect as we age. But transgender older adults, like our client Marie King, experience high rates of discrimination and vulnerability in long-term care facilities.
On October 21, 2021, GLAD filed a discrimination claim with the Maine Human Rights Commission on behalf of Marie King, a 78-year-old woman who was denied a room by Sunrise Assisted Living in Jonesport, Maine 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. Read the filing.
In the spring of 2021, the complainant Marie King was admitted to Pen Bay Medical Center for an acute medical emergency. Once Ms. King’s health was stabilized, the medical staff determined she did not require in-patient care and needed placement in an assisted living facility. A hospital social worker contacted Sunrise Assisted Living on Ms. King’s behalf and was told they had rooms available. Upon learning that Ms. King is transgender, however, the Administrator at Sunrise informed the hospital they would not admit Ms. King because they were concerned she wanted to reside in a room with a female roommate, despite the fact that Sunrise regularly places women in semi-private rooms with other women.
The claim brought by GLAD on Marie King’s behalf asserts that Sunrise discriminated against Ms. King based on her gender identity, transgender status, and her sex, all explicitly protected under the Maine Human Rights Act.
Update: On March 14, 2022, the Maine Human Rights Commission by a 3-2 vote found evidence that Sunrise Assisted Living violated state nondiscrimination protections when it denied Marie a room because she is a transgender woman. The milestone finding in Marie’s case is a huge step toward ensuring anyone who needs access to a long-term care facility is welcomed with courtesy and respect.
The complaint, filed by GLAD on behalf of a 78-year-old woman who was denied a room by Sunrise Assisted Living because she is transgender, is the first such legal claim of discrimination brought in the U.S. against a senior long-term care facility.
October 21, 2021, AUGUSTA – GLBTQ Legal Advocates & Defenders (GLAD) today filed a discrimination claim with the Maine Human Rights Commission on behalf of a 78-year-old woman who was denied a room by Sunrise Assisted Living in Jonesport, Maine 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. The complainant is being represented by GLAD attorneys Ben Klein, Chris Erchull and Mary Bonauto.
In the spring of 2021, the complainant, who is being identified publicly as Jane Doe, was admitted to Pen Bay Medical Center for an acute medical emergency. Once Ms. Doe’s health was stabilized, the medical staff determined she did not require in-patient care and needed placement in an assisted living facility. A hospital social worker contacted Sunrise Assisted Living on Ms. Doe’s behalf and was told they had rooms available. Upon learning that Ms. Doe is transgender, however, the Administrator at Sunrise informed the hospital they would not admit Ms. Doe because they were concerned she wanted to reside in a room with a female roommate, despite the fact that Sunrise regularly places women in semi-private rooms with other women.
The claim brought by GLAD on Jane Doe’s behalf asserts that Sunrise discriminated against Ms. Doe on the basis of her gender identity, transgender status, and her sex, all explicitly protected under the Maine Human Rights Act.
“Our client, like many older people, urgently needed an assisted living facility like Sunrise,” said GLAD Senior Attorney Ben Klein. “She simply wants to be treated with dignity, compassion and understanding as she ages, like anyone else. Maine, like 21 other states, has added gender identity to its nondiscrimination laws precisely to address this kind of discrimination and the profound harm transgender people like Ms. Doe experience when it occurs.”
“The people of Maine are known for making room at the table,” added GLAD Staff Attorney Chris Erchull. “Sunrise lost that perspective by excluding Ms. Doe because of who she is. This lawsuit reinforces the core values of long-term care providers: that all of us are entitled to dignity and respect as we age.
Being denied a room at Sunrise because she is transgender also forced Ms. Doe to remain in the hospital longer than was recommended by her medical team.”
“I just wanted to be treated like a human being,” said Ms. Doe. “I don’t want anybody else to be turned away for care they need because they are transgender. I want people to understand we are people living our lives as best we can and they can’t do that to somebody.”
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, because a long history of exclusion and lack of care leads to adverse health consequences. Yet as Ms. Doe’s case exemplifies, transgender adults continue to face systemic and widespread discrimination when seeking care and support as they age.
GLAD Civil Rights Project Director Mary Bonauto, a Maine attorney, added, “We get that not everyone knows transgender people and some have discomfort. In the end, this case is about common-sense values: how would we want to be treated, and how do we treat each other? Care providers in long term care facilities know how to welcome in and treat people from all walks of life with courtesy and respect. That’s all this woman asked for, and that is what the law requires.”
Learn more about Doe v. Sunrise Assisted Living.
Maine Youth Justice (MYJ), the ACLU of Maine, and GLBTQ Legal Advocates & Defenders (GLAD) are calling on Governor Mills to act with urgency to close Maine’s only youth prison.
The call comes after revelations that guards at Long Creek used a dangerous restraint, known to create a risk of serious injury or death, on multiple occasions last month to subdue incarcerated young people.
Last session, MYJ led the effort to pass LD 1668 — a bill to develop a plan to close Long Creek and divert resources to community-based services — in the state legislature, which the ACLU and GLAD supported.
LD 1668 passed in both chambers of the legislature, but Governor Mills vetoed the bill.
Leyla Hashi, communications coordinator, Maine Youth Justice
“This is yet another example of why closing Long Creek is long overdue. No youth prison will keep Maine’s communities any safer, and Long Creek consistently exacerbates a cycle of extreme harm against our most vulnerable youth. There is no fixing it. There is no reforming it. We need to SHUT this facility DOWN.
“We urge Maine state legislators and the governor to take action to close Long Creek. One more day is too long to wait as kids in Long Creek continue to suffer physical and psychological trauma from the cruel realities of incarceration.”
Alison Beyea, executive director, ACLU of Maine
“These revelations are the latest in a series of unconscionable acts of violence against young people detained at Long Creek. The entire project of incarcerating young people is violent, and it must end now. Children do not belong in prison.
“Governor Mills had the opportunity to close Long Creek earlier this year by signing LD 1668 into law. But she vetoed the bill, saying it didn’t account for public safety. We disagree. Long Creek’s continued operation degrades public safety. Incarceration traumatizes young people, especially LGBTQ youth and youth of color who are overrepresented at Long Creek.
“Public safety means no kids in prison. It means kids receiving the help and support they need, close to home, so that they can lead thriving lives. Despite her veto, Governor Mills has the power to close Long Creek. She should use it.”
Mary Bonauto, GLAD Civil Rights Project Director
“Reports issued to the State on conditions at Long Creek in 2017 and again in 2020 highlighted concerns regarding the use of restraints, absent or inconsistent staff training, and the failure of the adults to use de-escalation techniques and bring in mental health counselors rather than force. It was not long ago that the State settled an excessive force case brought by the ACLU of Maine on behalf of an 11-year-old who had his face slammed into a metal bed frame by correctional officers. These young people are entrusted to the care of the State of Maine.
“For any number of reasons, and despite good faith efforts by many involved, Long Creek is not working and not providing rehabilitation. The legislature agreed in the last session, as shown by the passage of LD 1668, which set out a years-long plan for closing Long Creek and justly transitioning workers employed there. These concerns remain, and the State needs to provide immediate oversight to end this brutal treatment now.”
Proposals targeting transgender girls and women for exclusion in sports and shelters were both defeated in the 2021 session
July 20, 2021 (AUGUSTA) – The Maine Senate adjourned for the session last night without taking up a proposal that would have banned transgender girls from participating in school sports (LD 926), thereby killing the measure. The House voted against the bill in June before the recess. A separate bill (LD 1238) that would have allowed shelters to turn away transgender women or any woman because of their race, national origin, religion, disability, or sexual orientation was also voted down in both the House and Senate in June.
EqualityMaine, MaineTransNet, GLBTQ Legal Advocates & Defenders (GLAD), ACLU of Maine, the Maine Women’s Lobby, and the Maine Chapter of the American Academy of Pediatrics issued the following statements heralding the defeat of both measures:
Gia Drew, Program Director at EqualityMaine:
“Once again Mainers have stood up for fairness by saying no to harmful proposals that would ban transgender girls from school sports and deny transgender women access to shelter and vital social services. As students, parents, coaches, and pediatricians testified, transgender girls who play sports simply want and deserve the same opportunity as their peers to be part of a team, to feel like they belong, and to develop important qualities like leadership, self-respect, and teamwork. The Maine legislature has sent a message to transgender kids that they belong.”
Quinn Gormley, Executive Director, MaineTransNet:
“I’m proud to see our Maine legislators support inclusion for transgender girls and women. I know well from my own work in the community that transgender women experience some of the highest rates of housing insecurity, harassment, and violence among women in Maine. There is always more work our state can do to ensure our social service networks can fully support all women in times of need, but in defeating LD 1238 the legislature recognized that allowing shelters to turn away some of our most vulnerable community members is counter to that goal.”
Meagan Sway, Policy Director, ACLU of Maine:
“It’s a relief to see the legislature stop these misguided bills targeting transgender girls and women. Efforts to ban trans girls from participating in girls’ sports jeopardize their mental health, physical well-being, and ability to access education opportunities similar to other students. Efforts to ban trans women from shelters would deny shelter to some of our most vulnerable community members when they need help the most. Today our state has once again affirmed the truth: all children and adults, including trans children and trans people, belong in Maine.”
Mary L. Bonauto, GLAD Civil Rights Project Director
“We all care about equity and opportunity for girls, but banning transgender girls from all programs and activities from pre-k through college is only about exclusion. We are happy that the legislature saw the proposed sports ban as a red herring that would generate no new opportunities for cisgender girls but would inflict real harm on transgender young people. Maine has had transgender athletes participating in sports for years, including under a 2013 policy for interscholastic sports of the Maine Principals’ Association. Allowing young people to develop and grow as people through participating in sports is good for them and when they are stronger, our communities are, too.”
Destie Hohman Sprague, Executive Director, Maine Women’s Lobby:
“With these votes, the legislature affirmed a simple fact: every Mainer deserves to live with safety and respect. For those who experience abuse or housing insecurity, community organizations help fill that gap. Organizations that exist to ensure that safety are exactly the right places to welcome and affirm trans Mainers, and there is no place for legislation in our state that does not guarantee the rights of everyone to live in dignity, free from abuse.”
Dee Kerry, Executive Director, The Maine Chapter of the American Academy of Pediatrics:
“We applaud the state legislature for upholding the rights of transgender children to be able to play on teams according to the gender they live in. The vast majority of youth this bill would have harmed are school-age children who just want to play on a sports team and have fun. As pediatricians, we will always stand up for the health and well-being of all children and advocate for their right to live full and healthy lives. The trend of anti-transgender legislation being introduced and enacted across the nation is alarming and Maine legislators have shown that discrimination has no place in our state.”
At a public hearing on these bills on May 6, transgender youth and their families, nontransgender student athletes, coaches, pediatricians, school administrators, shelter service providers, social workers, community advocates, and more all provided powerful testimony against the proposed transgender student sports ban and exclusionary shelter bill:
Lane J., Kittery high school sophomore and soccer player:
I absolutely love the sport of soccer. I have played on girls’ soccer teams for the last 5 years. Playing soccer has always been the highlight of my day each summer and fall: it’s my opportunity to work out, to collaborate with other girls with the same passion, and just have fun. I have been completely accepted by my coaches and teammates. Please don’t deny other transgender girls the opportunity to have these experiences, and the ability to be on a team, having fun, being active, and learning about sportsmanship.
Dr. Michele LaBotz, sports medicine doctor for over 20 years:
The participation of transgender girls in girls’ athletic teams does not disadvantage their teammates. Athletic performance depends upon many factors including physiological, mental, and social. The best practice for student-athlete development is when success is based upon the growth of athletic skill of a team or individual, rather than attempts to eliminate rightful participants due to concern about the possible loss of performance advantage.
Gianna Romano, Assistant Coach and former high school athlete:
[If transgender girls were banned from girls’ sports when I was playing] I may not have been able to play at all. At the time, our numbers were declining and we needed anyone and everyone willing to try the sport out. In a time where schools are being forced to combine teams and co-op for different sports, I am perplexed as to why we would even be considering a law that would make it even more challenging to attract participants.
Ali Lovejoy, VP of Social Work, Preble Street:
To say that we must choose either the safety of cisgender women or the safety of transgender women is a false choice…The impact of this bill would be to systematically exclude women – women who experience higher rates of trauma, violence, and homelessness – from the most basic resources necessary to stay alive.
Andrea Mancuso, Maine Coalition to End Domestic Violence:
We know from decades of experience that perpetuating discriminatory policies against any group of identity does not increase safety in shelter programs. Any disruptive behavior that might occur at a shelter can be dealt with under existing shelter policies that apply to all residents equally.
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Equality Maine works to secure full equality for lesbian, gay, bisexual, and transgender people in Maine through political action, community organizing, education, and collaboration. www.equalitymaine.org
MaineTransNet is Maine’s transgender community organization dedicated to supporting and empowering transgender people and those that love them. www.mainetrans.net
ACLU of Maine is the state’s guardian of liberty. It is active in the courts, the legislature, and the public sphere to defend the Constitution and the Bill of Rights, and to extend their promises to all Mainers. www.aclumaine.org
Through strategic litigation, public policy advocacy, and education, GLBTQ Legal Advocates & Defenders works in New England and nationally to create a just society free of discrimination based on gender identity and expression, HIV status, and sexual orientation. www.gladlaw.org
The Maine Women’s Lobby engages in legislative advocacy which increases the health, wellness, safety, and economic security of women and girls in Maine, and all Mainers who experience gender-based discrimination or oppression. www.mainewomen.org
This year on Give OUT Day we want to say thank you to all of our supporters for showing up for us all year long. We also want to share the love by encouraging GLAD supporters to learn about groups doing important work near you.
The following list features some of our New England partners and other organizations whose innovative work we want to highlight. Our sincere gratitude– we couldn’t do this work without you.
Affirming Spaces Project (ASP), scheduled to launch in August 2021, will serve the trans and GNC community of NH, primarily by connecting TGNC persons with local TGNC-friendly businesses and services. ASP also plans to engage in community education and advocacy.
Coyote, which stands for “Call Off Your Old Tired Ethics,” was originally founded in 1973 by Margo St. James, who filed and won a class-action lawsuit in 1979 to decriminalize indoor sex work in RI. Coyote, which resumed its activism in 2010 in response to Rhode Island’s full criminalization of prostitution in 2009, is a coalition of current and former sex workers that advocates for the human, health, labor, and civil rights of sex workers in RI and across the nation.
Founded by activist Kamora Herrington, Kamora’s Cultural Corner (KCC) centers Black LGBTQ+ artists and their perspectives, intentionally creating spaces for community building, healing, and connection through Black queer art. In November 2020, KCC held a “Black Art Heals Tour” to exhibit their art throughout the Southeast.
Maine Inside Out (MIO), founded in 2008, holds theater programs at Long Creek Youth Development Center, Maine’s youth correctional facility. MIO continues to engage youth upon their release from Long Creek through community engagement, peer and adult support, participant-led advocacy, leadership development, and practical skill-building.
Out in the Open is a multi-issue social justice movement connecting rural LGBTQ people to build community, visibility, knowledge, and power. Last year, Out in the Open organized a Rural Community Care Support Network to provide mutual aid to the rural LGBTQ+ VT community during the Covid-19 pandemic.
Out Now, founded in 1995, provides a safe space for LGBTQ+ youth to learn about and explore themselves and the history of the LGBTQ+ movement while developing leadership skills. Out Now’s many programs include an Our Liberation! Theater of the Oppressed workshop.
Founded in 2015 by Ayana Aubourg, Meron Teklehaimanot, and Vanessa Ly, Sisters Unchained provides a safe space for the daughters of formerly and presently incarcerated mothers to heal and realize transformative social change. Sisters Unchained is a prison-abolitionist organization supporting community-based alternatives to incarceration.
TGI Network was founded in 2011 and serves trans, intersex, and GNC (TGI) Rhode Islanders through support, advocacy, and education. TGI Network currently offers three peer-led support groups for questioning persons, TGI persons, and their loved ones.
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