Today, GLAD represented a transgender girl before Maine’s highest court, arguing that her school had failed in its responsibility to treat her the same as other students.

“I was pleased to present Nicole’s case to the court today, and have been privileged to represent her and get to know her remarkable, strong, and supportive family,” said Jennifer Levi, director of GLAD’s Transgender Rights Project,following the argument.

“We have a strong case here of a young girl trying to go to school and learn, and the school failing to protect her. I feel confident that we got a fair hearing from the court, and I look forward to their decision.”

As a middle school student in Orono, Maine, Nicole Maines was treated like other girls until a male classmate followed her into a girls’ room.

The school addressed the boy’s bad behavior by focusing on Nicole, forcing her to use a staff bathroom separate from the other girls. Eventually, the parents were forced to withdraw their daughter and her twin brother from the Orono school system and move them to another part of the state where they could go to school quietly and safely.

Nicole also spoke after the argument saying, “I want all transgender kids to be able to go to school and not have to worry about being treated unfairly or bullied. I’ve been very lucky to have a family that’s stood by me and stuck up for me, and I’m really grateful for them.”

The decision in the case, Doe v. Clenchy, is not expected for several months. GLAD Attorneys Jennifer Levi and Ben Klein are representing the daughter along with Lewiston attorney Jodi L. Nofsinger of Berman & Simmons, P.A.

Today, the Maine Chapter of the American Academy of Pediatrics and other child welfare organizations filed an amicus curiae (“friend of the court”) brief with the Maine Supreme Judicial Court in support of a transgender girl who experienced discrimination and harassment at her Orono school.

The student, known by the pseudonym Susan Doe, and her parents have filed a lawsuit against the Orono school district alleging violations of a statewide law prohibiting discrimination based on gender identity and expression in all areas, including public education and public accommodations.

Besides the pediatric organization, other signatories on the brief are: the Maine Psychological Association, the National Association of Social Workers – Maine Chapter, the Maine Women’s Lobby; Parents, Families and Friends of LGBT People (PFLAG) Portland; PFLAG Machias, PFLAG National; Gay, Lesbian and Straight Education Network (GLSEN) Southern Maine; GLSEN Downeast Maine; Trans Youth Equality Foundation; and Maine Transgender Network, Inc.

The brief states that transgender children need to be treated like any other girls and boys in all aspects of school life – including access to bathrooms consistent with their gender identity – in order to succeed in their educational, social and emotional development.

“Transgender children thrive when they are treated like other girls and boys, and they are harmed when they are singled out and made to feel—and to be seen by others—as different,” the brief states. “This singling out and differential treatment inevitably stigmatizes these young people in the eyes of their peers. That can lead to social isolation which predictably also disrupts their ability to learn. In addition to this immediate negative impact, the resulting stigma from singling out transgender children and branding them as ‘different’ or ‘deficient’ can do serious and irreparable harm to their long-term emotional and psychological development.”
Gay & Lesbian Advocates & Defenders (GLAD) and Jodi L. Nofsinger of Berman & Simmons, P.A. are representing Susan Doe in the lawsuit, known as Doe v. Clenchy. The litigation arose after officials at an Orono elementary school denied the student, who was then in the fifth grade, use of the girls’ restroom. The school had previously allowed Doe to use the girls’ room until it reversed course after the misconduct of one male student who followed Susan into that facility.
Shannon Price Minter, the legal director of the National Center for Lesbian Rights, authored the brief on behalf of the amici, with assistance and cooperation from Richard O’Meara of Murray Plumb & Murray. O’Meara is local counsel for the amici.
“It’s heartening that a respected group of medical professionals like the Maine Chapter of the American Academy of Pediatrics and other experts are underscoring for the court how critical it is for transgender children to be fully integrated into the life of their schools, and how detrimental is when they aren’t,” said Minter. “This is not just a legal issue. Research and experience show that when transgender youth have the support of their families, their schools and other institutions central to their lives, they can thrive and grow into happy, healthy adults.”
You can read the brief aqui.
For more information about the litigation visit https://www.gladlaw.org/work/cases/doe-v.-clenchy.
The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education.

GLAD has filed an appeal in the Maine Supreme Judicial Court on behalf of our client Susan Doe,  a transgender girl who experienced discrimination and harassment at her Orono school.

GLAD initially filed the lawsuit, known as Doe v. Clenchy, after officials at an Orono elementary school denied our client the use of the girls’ restroom and other facilities and restricted her participation in school activities. The school had previously allowed Doe to use the girls’ restroom without incident until one of her male classmates began making it an issue with coaching from his grandfather. Eventually, the parents were forced to withdraw their daughter and her twin brother from the Orono school system and move them to another part of the state where they could go to school quietly and safely.  This appeal comes after summary judgment was granted to the Orono school system in the Trial Court in November 2012.

“Our client was made an outcast by school officials over the course of two years simply because of who she is, in violation of Maine anti-discrimination law,” says GLAD Senior Attorney Ben Klein. Adds Jennifer Levi, director of GLAD’s Transgender Rights Project, “Under Maine law, a transgender girl – whom the school acknowledged is a girl – needs to be able to live consistent with her gender. The school acknowledged that Susan could not otherwise progress in her academic development.”

Maine has a statewide law prohibiting discrimination against people based on gender identity and expression in all areas, including public education and public accommodations.

Read more about the case