Maine Know Your Rights - Page 15 of 16 - GLAD Law
跳過標題到內容
GLAD Logo 跳過主導航到內容

訊息

緬因州新的婚姻自由法將於 12 月 29 日星期六生效,該法允許同性伴侶獲得結婚證書。

據國務卿辦公室稱,該州的認證選舉結果已於 11 月 29 日星期四由州長保羅·勒佩奇簽署。新法自該日起 30 天後生效。

「緬因州同性伴侶漫長的婚姻等待即將結束,」緬因平等組織執行董事貝琪史密斯說。 「今年年底之前,緬因州所有相親相愛、忠貞不渝的伴侶都將能夠站在親朋好友和社區面前,許下永恆的誓言,永遠陪伴彼此。”

11 月 6 日,緬因州成為第一個允許同性伴侶透過全民投票獲得結婚證書的州。

雖然法律允許同性伴侶結婚,但關於該法律的實施以及美國最高法院今天就聯邦婚姻法採取的潛在行動的影響,仍然存在一些問題。

GLAD 和 EqualityMaine 將在緬因州首批同性婚姻相關事宜公佈後,提供更多相關資訊。我們正在籌劃本月稍後舉辦一場資訊網路研討會。

GLAD 撰寫了有關新法律的概述,可訪問以下網址獲取 www.gladlaw.org.

任何對緬因州婚姻法或相關問題有疑問的人都可以撥打 GLAD 的法律資訊熱線 800-455-GLAD 或 www.gladlaw.org/rights.

「緬因州同性婚姻合法化進程越來越近,有很多值得慶祝的事情,」同性戀倡導與捍衛者組織(Gay & Lesbian Advocates & Defenders)的執行董事李·斯威斯洛(Lee Swislow)說道。 “我們將繼續與州政府官員以及有意結婚的伴侶密切合作,盡可能解答有關緬因州新法的問題。”

緬因州問題 1,即允許同性伴侶獲得結婚證書並保護宗教自由的法案,以 53% 對 47% 的投票率獲得選民通過。

本法案:
• 廢除限制一男一女婚姻的規定;
• 授權符合州法律其他婚姻要求的任何兩個人結婚;
• 規定在另一個州有效的兩個同性之間的婚姻在緬因州也有效,並且必須得到承認;並且
• 規定神職人員無須履行、宗教機構無須主持或主持違反宗教信仰的婚禮,拒絕主持或主持婚禮不能成為訴訟或法律責任的依據,也不會影響宗教機構的免稅地位。

訊息

Today, a Maine trial court judge dismissed the case of a transgender girl who experienced discrimination and harassment at her Orono school. GLAD, which is representing the student in the lawsuit, announced it will immediately appeal the decision.

“Our client Susan Doe is a transgender girl who was made an outcast by school officials and was subjected to severe bullying over the course of two years simply because of who she is, in violation of Maine anti-discrimination law,” said GLAD Senior Attorney Ben Klein, who argued in the case on behalf of the student. “The judge is wrong on the law and ignored critical facts in making his decision.”

“We will appeal this decision,” said Jennifer Levi director of GLAD’s Transgender Rights Project. “We always knew that the trial court was just the first step and that this lawsuit would ultimately be decided by Maine’s highest court. “Under Maine law, a transgender girl – whom the school acknowledged is a girl – needs to be able to live consistent with her gender. The school acknowledged that Susan could not otherwise progress in her academic development.”

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

GLAD filed the lawsuit, known as Doe訴Clenchy案, after officials at an Orono elementary school denied a transgender girl the use of the girls’ restroom and other facilities and restricted her participation in school activities. The school had previously allowed Doe to use the girls’ restroom without incident until one of her male classmates began making it an issue with coaching from his grandfather. Doe also suffered a campaign of harassment and bullying for over two school years at the hands of this classmate, whom the school failed to discipline. Eventually the bullying got so bad the parents were forced to withdraw their daughter and her twin brother from the Orono school system and move them to another part of the state where they could go to school quietly and safely.

GLAD and attorney Jodi L. Nofsinger of Berman & Simmons, P.A. are representing Susan Doe.

Attorney Klein argued the case at before Penobscot County Superior Court Judge William R. Anderson on Sept. 19.

訊息

Gay & Lesbian Advocates & Defenders (GLAD) is celebrating today’s ballot vote in favor of marriage equality for same-sex couples in Maine, with the passage of Question 1: “Do you want to allow the State of Maine to issue marriage licenses to same-sex couples?”

“Tonight we are thrilled, grateful, and humbled,” said Lee Swislow, Executive Director of GLAD.  “We give our heartfelt congratulations and thanks to the people of Maine for listening with open hearts and minds, and embracing equality for gay and lesbian citizens.”  She added, “Mainers United for Marriage ran a superb campaign, and I can’t praise all of the campaign staff and volunteers enough.”

Mary L. Bonauto, GLAD’s Civil Rights Project Director and a Maine resident said, “Winning marriage in Maine is profoundly important to those of us living here, including me and my family.  Now we can expect to see an outbreak of happiness, as couples – whether together for months or decades – can finally make that commitment to one another.  I am very proud of Mainers for sharing their concerns, hearing our stories and finding the common ground to vote yes.”

An initiative approved by the voters becomes effective 30 days after the Governor proclaims the results of the election.  The Governor’s proclamation can come up to 10 days after the Secretary of State completes tabulating the election results.  The Secretary has up to 20 days to complete those tabulations.  So the earliest that marriage licenses will be available to same sex couples will be 30-plus days and at most 60 days after the election.

GLAD salutes its coalition partners EqualityMaine, Maine Women’s Lobby, the American Civil Liberties Union of Maine, and EngageMaine, as well as national partner organizations Freedom to Marry, the Human Rights Campaign, and the Task Force.

The road to marriage equality began 6 years ago with a coalition decision to proceed with public education efforts and marriage legislation. In 2009, Maine became the first state to pass marriage equality legislation and have it signed by a governor.  The victory was rescinded in November 2009 when voters approved a ballot question vetoing that law before it went into effect.  The coalition regrouped, ran a two-year public education campaign, and decided in January 2012 to proceed directly to ballot.

Marriage equality has been won in other states through courts (Massachusetts, Connecticut, Iowa) and through legislatures (the District of Columbia, New Hampshire, Vermont, and New York).  GLAD brought the ground-breaking Massachusetts lawsuit, 古德里奇訴公共衛生部, as well as the Connecticut lawsuit 克里根訴公共衛生部.

Mainers who have questions about when and how they can marry, can contact GLAD’s Legal InfoLine at 1-800-455-GLAD or gladlaw@glad.org.

訊息

Mainers have said YES to marriage equality and soon all Mainers will be able to marry the person they love.

“Tonight we are thrilled, grateful, and humbled,” says Lee Swislow, GLAD’s Executive Director.  “We give our heartfelt congratulations and thanks to the people of Maine for listening with open hearts and minds, and embracing equality for gay and lesbian citizens. Mainers United for Marriage ran a superb campaign, and I can’t praise all of the campaign staff and volunteers enough.”

Mary L. Bonauto, GLAD’s Civil Rights Project Director and a Maine resident adds, “Winning marriage in Maine is profoundly important to those of us living here, including me and my family.  Now we can expect to see an outbreak of happiness, as couples – whether together for months or decades – can finally make that commitment to one another.  I am very proud of Mainers for sharing their concerns, hearing our stories and finding the common ground to vote yes.”

An initiative approved by the voters becomes effective 30 days after the Governor proclaims the results of the election.  The Governor’s proclamation can come up to 10 days after the Secretary of State completes tabulating the election results.  The Secretary has up to 20 days to complete those tabulations.  So the earliest that marriage licenses will be available to same sex couples will be 30-plus days and at most 60 days after the election.

GLAD salutes its coalition partners EqualityMaine, Maine Women’s Lobby, the American Civil Liberties Union of Maine, and EngageMaine, as well as national partner organizations Freedom to Marry, the Human Rights Campaign, and the Task Force.

The road to marriage equality began 6 years ago with a coalition decision to proceed with public education efforts and marriage legislation. In 2009, Maine became the first state to pass marriage equality legislation and have it signed by a governor.  The victory was rescinded in November 2009 when voters approved a ballot question vetoing that law before it went into effect.  The coalition regrouped, ran a two-year public education campaign, and decided in January 2012 to proceed directly to ballot.

Mainers who have questions about when and how they can marry, can contact GLAD’s Legal InfoLine at 1-800-455-GLAD or www.gladlaw.org/rights.

Maine Same-Sex Marriage Referendum

Victory! Maine voters say YES to marriage equality

On November 6, 2012, Maine voted yes to marriage equality, becoming the first state in the country to win marriage equality at the ballot. Maine Question 1, 允許同性伴侶獲得結婚證書並保護宗教自由的法案, was approved by the voters of Maine 53 to 47 percent.

GLAD Law supported this marriage equality campaign in coalition with EqualityMaine, Maine Women’s Lobby, the American Civil Liberties Union of Maine, and EngageMaine, as well as national partner organizations Freedom to Marry, the Human Rights Campaign, and the Task Force.

The road to marriage equality in Maine began 6 years prior with a coalition decision to proceed with public education efforts and marriage legislation. In 2009, Maine became the first state to pass marriage equality legislation and have it signed by a governor. The victory was rescinded in November 2009 when voters approved a ballot question vetoing that law before it went into effect. The coalition regrouped, ran a two-year public education campaign, and decided in January 2012 to proceed directly to ballot.

The law took effect on December 29, 2012.

Nolan v. Labree

Addressing the issue of parentage in gestational surrogate births for the first time, the Maine Supreme Judicial Court on May 3, 2012 ruled that District Courts have the authority under current law to determine who a child’s parents are when the child is conceived through procedures like in vitro fertilization and then carried and delivered by another person.

The case, Nolan v. LaBree, involved a married couple from Massachusetts (the Nolans) in which the wife was unable to carry a pregnancy to term because of prior medical issues. That couple worked with a married couple from Maine (the LaBrees), in which the spouses agreed that Mrs. LaBree would carry a child for the Nolans created from the Nolans’ genetic material. Under a doctor’s care and supervision, the Nolans’ egg and sperm were joined, and the resulting embryo was then placed in Mrs. LaBree, who delivered the child in December 2010. The Nolans were with their son in the hospital and took him home when they were discharged.

All of the adults agreed that the Nolans were the sole parents of this child. However, because Mrs. LaBree gave birth, she and her husband were listed on the birth certificate as the child’s parents. Both the Nolans and LaBrees went to court to clarify that the Nolans are the child’s parents.

A District Court Judge found that Mr. Nolan was a parent but ruled that it did not have the power to determine maternity in a gestational carrier context, because in the Judge’s view, parentage is determined by birth. As a result, Mrs. Nolan was found to be a de facto parent, and Mrs. La Bree remained the “mother.”

The Main Supreme Judicial Court’s opinion vacated the District Court ruling and clarifies that existing law empowers the District Court to determine “parentage,” which means paternity and maternity, including in the context of gestational surrogacy. With a declaration of maternity, the Nolans can obtain a new birth certificate listing them as the sole parents of their son.

GLAD filed an amicus brief in the case on behalf of medical doctors, infertility organizations, and attorneys who specialize in reproductive technologies, including:

• American Society for Reproductive Medicine
• American Academy of Assisted Reproductive Technology Attorneys (AAARTA)
• RESOLVE
• American Fertility Association,
• New England Fertility Society
• Reproductive Science Center of New England
• Boston IVF. and
• Society for Assisted Reproductive Technology.

Joining GLAD in the amici brief were Patricia A. Peard and Kaim W. McGintee of Bernstein Shur, Sawyer & Nelson, and attorneys from the American Academy of Assisted Reproductive Technology Attorneys.

Additional amici briefs were filed by Concerned Maine Attorneys who specialize in family and child welfare law, authored by Catherine Connors, Nolan L. Reichl, and Kyle N. Kirby of Pierce Atwood; the Maine Attorney General’s Office, and John Sheldon, all seeking this same result.

NOM v. McKee

On January 31, 2012, the U.S. First Circuit Court of Appeals rejected all claims by the National Organization for Marriage (NOM) that the state’s “ballot question committee” law is unconstitutional. That law requires certain individuals and donors who raise or spend money to influence a campaign to register with the state and make periodic reports about its contributors and expenditures.

GLAD filed an 法庭之友 brief, in conjunction with Pierce Atwood LLP, in support of the State of Maine arguing that disclosure serves the public interest in transparency and an informed electorate.

部落格

同性戀倡導者和捍衛者變性人權利項目和在緬因州經營六家 Denny's 餐廳的 Realty Resources Hospitality 很高興地宣布達成一項協議,解決了由變性女性 Brianna Freeman 提起的訴訟,Brianna Freeman 被拒絕進入緬因州奧本的 Denny's 餐廳的女廁所。

Realty Resources Hospitality 已同意,在其經營的所有餐廳中,所有跨性別者(包括弗里曼女士)都可以使用符合其聲明的性別認同的衛生間。

「GLAD 對此案的結果感到滿意,」GLAD 律師 Janson Wu 表示。 “我們很高興有機會與商界領袖合作,讓緬因州的商業機構對所有潛在客戶開放,並熱情歡迎他們。”

「我們認可並支持弗里曼女士過去三年半的性別轉變,」Realty Resources Hospitality 發言人 Brian Mesley 說。 “她的性別轉變和這起訴訟給我們帶來了新的挑戰。這是一個教育過程,我們重申我們致力於為所有客戶提供一流服務的承諾。我們相信,此案的解決將惠及所有客戶,並維護所有人的尊嚴和安全。”

該協議的達成 弗里曼訴房地產資源酒店有限公司2009年,同性戀倡議與捍衛者組織(Gay & Lesbian Advocates & Defenders)代表弗里曼女士向安德羅斯科金高等法院提起訴訟,原因是弗里曼女士被奧本丹尼餐廳的經理告知不能使用女洗手間。同性戀倡議與捍衛者組織駁回了被告提出的駁回動議:2010年5月27日,緬因州高等法院發布了一項至關重要的、史無前例的裁決,裁定緬因州保護跨性別者免受歧視的法律包括確保其能夠適當地使用洗手間。

GLAD 隨後就此案主張簡易判決,尋求最終命令,允許弗里曼女士和其他緬因州跨性別者公平、平等地使用合適的衛生間。雙方在就簡易判決作出任何裁決之前達成了協議。

「對我和其他跨性別顧客來說,最重要的是,丹尼餐廳歡迎我們使用符合我們生活方式的衛生間,」弗里曼女士說。 “這很有道理。任何其他規則對任何人來說都是行不通的。”

有關該案件的更多資訊(包括法律文件)發佈於 這裡.

弗里曼女士的代表律師還包括 GLAD 的 Jennifer Levi 和 Bennett Klein,以及緬因州托普沙姆律師事務所的律師 Jeffrey Neil Young 麥克蒂格·希格比.

Freeman v. Denny’s

GLAD’s Transgender Rights Project and Realty Resources Hospitality, which operates six Denny’s restaurants throughout Maine, are pleased to announce an agreement resolving a lawsuit brought by Brianna Freeman, a transgender woman who was denied access to the women’s restroom at a Denny’s in Auburn, Maine.

In the settlement agreement, Realty Resources Hospitality agreed that at all of the restaurants it operates, all transgender individuals, including Ms. Freeman, will be given access to the restroom consistent with their stated gender identity.

Read the complete statement on the settlement

GLAD filed suit October 20, 2009, on behalf of Brianna Freeman, a transgender woman who was told by the manager of a local Denny’s that she could not use the women’s restroom.  Denny’s moved to dismiss the case, arguing that it could apply a so-called biological rule to keep transgender women from using the gender appropriate restroom.

In its May 27, 2010 ruling, Androscoggin Superior Court denied Denny’s motion to dismiss Brianna’s gender identity claim. The Court’s critical, first-of-its-kind ruling affirmed that Maine’s law protecting transgender persons from discrimination includes ensuring appropriate access to restrooms.  This was an important first step in guaranteeing that transgender people have full protections under Maine law.

On February 22, 2011 GLAD argued for summary judgment in the case, seeking a final order allowing Brianna – and other transgender Maine residents – fair and equal access to the appropriate restroom.
Sun Journal: Judge Rejects Denny’s Request to Dismiss Case Brought By Transgender Individual

Sun Journal: Woman Suing Denny’s Says She Only Wants to Be Accepted As Female

Adoption of M.A. and R.A.

The Maine Law Court issued a unanimous decision on August 30, 2007 lifting the bar on unmarried couples adopting children.
As a result of the ruling, plaintiffs Ann Courtney and Marilyn Kirby were finally able to adopt “M” and “R,” their foster children of six years.

閱讀更多

zh_HK香港中文
隱私概述

本網站使用 Cookie,以便我們為您提供最佳的使用者體驗。 Cookie 資訊儲存在您的瀏覽器中,並執行諸如在您返回我們的網站時識別您的身份,以及幫助我們的團隊了解您認為網站中哪些部分最有趣和最實用等功能。