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訊息

緬因州新發布的確認收養法增強了 LGBTQ+ 家庭的安全性

A new law championed by Rep. Matt Moonen and signed yesterday by Governor Janet Mills provides key protections for LGBTQ+ families that reflect and amplify Maine’s longstanding commitment to protecting all children. LD 1906 will provide LGBTQ+ parents and their children with greater security, particularly if they travel or move to places outside of Maine that are less LGBTQ-friendly.

The legislation, LD 1906 An Act to Enable Confirmatory Adoption, streamlines the adoption process for parents who have had a child through assisted reproduction and are already parents under Maine law, to secure their parentage through an adoption decree. The new law removes cumbersome, costly, and unnecessary barriers, like waiting periods and home inspections, that non-biological parents often face when adopting their own children.

“We’re grateful for the leadership of Representative Moonen and for the thoughtful consideration of the Judiciary Committee, as well as to Governor Mills for signing this important law to advance fair and equal treatment for LGBTQ+ families,” said Mary Bonauto, GLBTQ Legal Advocates & Defenders (GLAD) Senior Director of Civil Rights and Legal Strategies.

“LGBTQ+ parents are rightfully worried about the safety of their children and families in light of escalating bias and discrimination across the country,” added Polly Crozier, GLBTQ Legal Advocates & Defenders (GLAD) Director of Family Advocacy. “We have seen judges in other states strip non-biological parents of their parental rights, and we all know that extremists are escalating legislative attacks on LGBTQ+ people. An adoption decree provides additional security for LGBTQ+ families especially if they travel or move outside of Maine.”

Maine has been a leader in ensuring every child has the security of a respected legal relationship with their parent or parents. The state passed the comprehensive Maine Parentage Act in 2015, which clarified the law of parentage and served as an impetus for other states to improve their protections. In 2021, Maine became the 10 state in the country to permit LGBTQ+ parents to secure their parentage through a simple administrative form, an Acknowledgment of Parentage, that has been available to different-sex parents for decades.

Under the new law parents of children born through assisted reproduction who are parents under the Maine Parentage Act need only submit to the court a petition signed by both parties that includes a copy of the child’s birth certificate, an explanation of the circumstances of the child’s birth through assisted reproduction, an attestation that each petitioner consented to the child’s birth through assisted reproduction, an attestation that no competing claims of parentage exist, and a copy of the parents’ marriage certificate, as applicable.

The court will then grant the adoption within 60 days of finding that either the parent who gave birth and the spouse were married at the time of the child’s birth and the child was born through assisted reproduction; or, for nonmarital parents, that the person who gave birth and the non-marital parent consented to the assisted reproduction; and that no competing parental claims exist.

A report published earlier this month by the Movement Advancement Project (MAP) with COLAGE, Family Equality, GLAD, and NCLR, 關係岌岌可危:為何我們需要更新州親子法以保護兒童和家庭 chronicles how the current patchwork of parentage laws across the country – many of which, unlike in Maine, have not been updated in decades – leaves LGBTQ+ parents and their children vulnerable. In the context of that continuing vulnerability throughout the country, LD 1906 adds one more critical avenue of protection for LGBTQ+ families in Maine.

GLAD was joined in testimony supporting LD 1906 by Equality Maine and American Academy of Pediatrics, Maine Chapter.

訊息

The ACLU and GLAD are urging Maine’s public school leaders to protect students’ rights and inclusive learning environments

The ACLU of Maine and GLBTQ Legal Advocates & Defenders (GLAD) today sent a letter to Maine’s public school leaders demanding they uphold their own legal obligations and students’ First Amendment rights by stopping efforts to ban and censor books.

People in several communities and some lawmakers have called on schools to ban books, most frequently targeting stories of LGBTQ people and people of color. The open letter comes after the ACLU of Maine wrote individually to several Maine districts considering book bans over the past months.

Removing books from public school libraries simply because some people may disagree with their content threatens critical legal protections. Students have the right to equal educational opportunity and a First Amendment right to speak and receive information freely. The United States Supreme Court held over 40 years ago in Board of Education v. Pico that “local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books.”

“The organized national campaign to ban books featuring people of color and LGBTQ people has been exported to Maine,” 同性戀者反歧視聯盟民權和法律策略高級主管 Mary L. Bonauto 說。 “All students, including LGBTQ students and those whose races and ethnicities are smaller minorities in our communities, also need and deserve to learn in an environment that accepts and reflects who they are. This is why our laws protect students’ rights to access books in which they can see themselves, understand their history, and engage critically with the world around them.”

Access to books about LGBTQ people and people of color creates a more inclusive and supportive environment for students who see their own history and experiences reflected in those books. It also provides important opportunities for students to learn about experiences that differ from their own.

“Debates over whether to allow students to access specific books lose sight of one of public schools’ most fundamental roles: to teach young people to think for themselves,” said ACLU of Maine Legal Director Carol Garvan. “Students are better prepared to join and lead our society when they can access information from an array of viewpoints and freely exchange ideas. When politicians attempt to sanitize and whitewash our places of learning, students lose the opportunity to understand the world around them and draw their own conclusions.”

The letter notes that “when books are removed because community members disagree with the author’s message or point of view, that paves the way for an unending series of attempts to deny all children access to information based on personal views about what is objectionable for some children. Schools are too important to children’s development and the future of our country to become an arena for political intolerance.”

The letter asks “school board members, superintendents, and librarians to take a stand against censorship and protect student access to an equal and safe educational environment by resisting calls to remove books from school libraries.”

Read the letter.

2023 Pride Events

About the Events

It’s Pride season and we can’t wait to celebrate at Pride events across New England! If you will be attending any of the events below, we hope you will stop by our GLAD table to say hello, check out some resources, and grab some free GLAD swag.


And don’t miss us this fall at 哈特福德驕傲節 on September 9 and Worcester Pride on September 10!

Youth Organizations | Maine

  • 平等緬因州 is the oldest and largest statewide organization dedicated to creating a fair and just society for lesbian, gay, bisexual, transgender, and queer Mainers. 
  • Hallowell Pride Alliance celebrates Hallowell and its LGBTQ+ community by offering education, outreach, advocacy and celebration in and around Hallowell.
  • MaineTransNet provides support and resources for the transgender community, families, and significant others, and raises awareness about the varied forms of gender identity and expression by providing training and consultation for mental health and social service professionals.
  • Maine Youth Action Newtork (MYAN) is a statewide network of committed adults and passionate young people who believe in the transformative power of youth leadership. 
  • 新的開始 serves runaway and homeless youth and their families.
  • 緬因州以外 creates more welcoming and affirming communities for LGBTQ+ youth in all of their intersectional identities.
  • Outright Lewiston/Auburn aims to create safe environments for Maine’s LGBTQ+ community between the ages of 12 and 21.
  • PFLAG is the nation’s largest organization dedicated to supporting, educating, and advocating for LGBTQ+ people and those who love them.
  • 波特蘭直接 is a youth-driven program that offers support and services to LGBTQQ+ and Allied young people in the greater Portland, Maine area.
  • 跨性別青年平等基金會 based in Maine TYEF serves all of New England, providing education, advocacy and support for transgender and gender non-conforming children and youth and their families.

青年 | 學校 | 緬因州

(西班牙語)

青年 | 學校 | 緬因州

公立學校是公立的——這意味著它們 為了 每個人. 學區內的所有學生和家庭都屬於學校社區。  

為了學生的成功,學校必須提供安全、支持和友善的環境,以便所有學生都能學習,包括 LGBTQ+ 學生。 

學校有許多不同的法律保護您免受同學或成年人的歧視、霸凌和騷擾。 (這些法律適用於所有公立學校以及接受政府資助的私立學校。)這些禁令來自州法律(例如緬因州人權法案和緬因州反霸凌法)、聯邦反歧視法(包括一項名為「第九條」(Title IX)的法律——關於性別歧視——以及另一項名為「第六條」(Title VI)的法律——關於基於種族、膚色和國籍的歧視)以及美國憲法國籍的歧視)。這些法律為學生提供了強有力的保護,並可用於要求學校對其監督下發生的一切負責。  

在地方層面,您可能也享有您所在學校董事會制定的政策賦予的權利。您通常可以在您所在學校董事會或學區的網站上找到這些政策。 

你的父母也擁有與你的教育相關的權利——無論他們同意你的認同、不同意,還是持中立態度。我們在下面提到了其中一些權利。本頁面底部也提供了家長、學生和學校如何共同努力,為學生爭取最佳結果的建議。  

本頁面概述了學生的權利。訪問我們的 緬因州 LGBTQ+ 學生的權利 頁面,以了解有關提供這些保護的法律的更多信息, 如果你認為自己的權利受到侵犯,該怎麼辦以及其他可以為您提供支援的組織。 這些頁面不是法律建議;法律可能很複雜,如何適用於您的情況將取決於具體情況。 如果您對最近的法院和行政行動對您在《第九條》下的權利的影響有任何疑問,請訪問我們的 第九條「了解你的權利」頁面 了解更多。

本頁最後更新於 2024 年 11 月。該法律領域正在不斷發展。  

名字和代名詞

如果您希望學校工作人員使用您選擇的姓名和代名詞,緬因州人權委員會建議您或您的父母以書面形式向學校工作人員提出請求。他們的立場是,學校必須在所有文件和所有通訊中使用您選擇的姓名和代名詞。但是,您的正式學生記錄必須使用您的法定姓名。如果您的法定姓名已更改,您的父母或監護人可以要求學校更新您的正式記錄。  

如果你要求學校使用你選定的名字,但尚未與父母或監護人溝通,你應該知道在學校使用暱稱或其他新名字意味著其他人將擁有並可能分享這些資訊。如果你是未成年人(未滿 18 歲)或處於其他情況,你的父母有權查看你的學生記錄。如果你需要協助決定是否要求學校使用你選定的名字,強烈建議先與家中或學校中值得信賴的成年人溝通。值得信賴的成年人或許能夠幫助你思考你的具體情況,或是製定計劃與父母或監護人分享你自己的這部分資訊。你也可以看看學校是否有列出支持跨性別學生的特定人員的政策。 (這些政策通常在學校董事會網站上公佈,標題可能為“ACAAA”或“JB”。) 

了解有關姓名和代名詞的更多信息 

體育和學校設施 

緬因州人權委員會表示,您可以參加符合性別認同的高中運動隊伍。緬因州校長協會(負責管理高中體育運動)授權學校為參與運動而核實學生的性別認同——但學校不得為此要求提供醫療記錄或官方文件。  

您也有權利使用與您的性別認同相符的廁所、更衣室和淋浴設施。  

學校可以決定是否允許任何學生(無論是否為 LGBTQ+ 群體)使用提供額外隱私的設施(例如單人衛生間或更衣室內帶簾子的更衣區)。但學校不能根據你的性別認同要求你使用單獨的設施。   

 了解有關體育和學校設施的法律的更多資訊。 

學生外貌 

你可以根據自己的性別認同來穿著。如果學校有服裝要求,則應根據你的性別認同來執行。 

了解更多有關學生外貌的法律。 

政府採購協議

如果您就讀於公立中學或接受聯邦資助的中學(包括許多私立學校),並且您的學校允許任何非課程俱樂部(與您學校教授的科目無關的俱樂部)在非課堂時間開會,您有權成立性別與性聯盟 (GSA) 或其他 LGBTQ+ 俱樂部。 

得益於一項名為 平等機會法案,您的學校不得僅僅因為 GSA 涉及與 LGBTQ+ 學生相關的問題而歧視它。  

詳細了解您創建 GSA 的權利.    

學校諮詢

如果你正在接受學校輔導老師或學校社工的輔導,他們 可能 根據緬因州的一項特定法律,您有權對您分享的資訊保密。該法適用於符合特定要求的學校輔導員和學校社工。然而,即使是符合這些要求的輔導員和社工,如果您或其他人處於危險之中,或者他們需要舉報虐待或忽視兒童的行為,也可以與其他成年人分享資訊。如果您正在考慮是否與學校的輔導員或社工交談,您可以要求他們解釋他們是否可以保密訊息,以及在什麼情況下他們會與您的父母、監護人或其他成年人分享您告訴他們的資訊。  

 
緬因州有一項法律保護您免受「扭轉療法」的侵害,這種療法旨在改變一個人的性取向或性別認同。學校社工和學校輔導員(以及其他執照醫療保健專業人員)實施扭轉療法可能會面臨紀律處分。  

了解更多有關學校諮詢法律的資訊。 

霸凌與騷擾

您有權在安全、有保障、和平的環境中就讀學校,並獲得應得的教育。緬因州立法機構表示,霸凌行為會對學校環境、學生的學習和福祉產生負面影響。因此,緬因州禁止霸凌和歧視。  

緬因州禁止基於您的實際或感知性取向、性別認同或其他受保護特徵(包括您的種族和民族、宗教、國籍、社會經濟地位、年齡、殘疾、性別、外貌、體重和家庭狀況)的霸凌行為。網路或任何校園場所嚴禁霸凌行為。 

霸凌包括任何以下形式的溝通(書面、口頭或電子)或身體行為或手勢: 

  • 對您或您的財產造成傷害,或使您合理地擔心受到傷害; 
  • 營造令人恐懼或充滿敵意的學校環境;或 
  • 影響您的學業成績或參加學校活動的能力。 

學校必須制定政策和程序來防止霸凌和網路霸凌,並在發生時予以解決。 

了解更多有關反霸凌法律的資訊。 

學校與家長合作

在某些情況下,學生、其家長或監護人以及學校可能難以就如何更好地支持學生達成一致。如果您和家長意見一致,但難以讓學校接受您的觀點, 請參閱 GLAD Law 關於你們可以共同採取的措施的建議

其他時候,學生可能會先在學校尋求支持,然後再回家尋求幫助,並可能要求學校支持他們與家長或監護人討論各種問題。如果家長或監護人不同意孩子在學校表達性別認同或性取向的方式,緬因州人權委員會建議學校應盡可能遵循學生的意願。 當他們在學校的時候。 實際上,學校可能會考慮學生的個人情況,例如學生的年齡、成熟度、學校參與、學校從學生和家庭聽到的資訊以及有關如何進行的任何其他相關資訊。  

正如學生依法享有某些權利一樣,家長也享有某些權利。家長可以在家中、學校入口網站以及與老師或工作人員會面來監控孩子的學習進度。家長通常與孩子關係密切,並且非常了解孩子,因此能夠察覺到何時需要與孩子討論一些事情。許多學校希望與家長建立合作關係。理想情況下,學校工作人員和家長可以相互溝通,了解如何幫助每個孩子在學校取得成功。  

當出現分歧時,記住這一點會有所幫助:家長、老師、學校管理人員和教職員工都希望學生在課堂內外都能快樂、健康、成功。父母永遠是孩子的老師。雖然父母可以而且確實會在家裡向孩子灌輸他們的價值觀,但學校必須管理學生和學校的運作。正因如此,法院絕大多數駁回了家長可以根據他們對教育工作者應如何履行職責的信念來指導學校日常運作的說法。   

了解有關父母和教育的法律的更多資訊。

如果你認為你的權利受到侵犯,請訪問我們的 緬因州 LGBTQ 學生的權利 頁面來了解您可以採取哪些步驟的更多資訊。  

還有其他問題嗎? 聯絡 GLAD Answers 以取得免費且保密的法律資訊、協助和推薦。請填寫線上申請表,網址: GLADAnswers.org, 電子郵件 GLADAnswers@glad.org或撥打 800-455-GLAD 留言。 

本頁由 緬因州美國公民自由聯盟, 平等緬因州, 和 緬因州以外.

Youth | Justice | Maine

Youth | Discrimination | Maine

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

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

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

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

Does it also protect people perceived as LGBTQ+?

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

反歧視法針對哪些類型的歧視?

The Maine law prohibits discrimination in:

  • 就業
  • 公共場所
  • 住房
  • Credit and
  • Education (5 Me. Rev. Stat. sec. 4552 et seq.)

Are there any laws protecting LGBTQ+ students in Maine?

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

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

訪問我們的 Maine Know Your Rights page for LGBTQ+ students 了解更多。

如果我在學校受到歧視,我該怎麼辦?

There are many ways to approach the issue. If you believe your rights are being violated, visit our 緬因州 LGBTQ 學生的權利 頁面來了解您可以採取哪些步驟的更多資訊。  

Are there other non-discrimination protections available in Maine?

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

Does Maine have a law that bans conversion therapy?

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

各州和國家醫療、心理健康和兒童福利組織均反對性傾向扭轉療法,即旨在改變個人性傾向或性別認同的做法。大量專業文獻表明,這種做法不僅無法有效改變性取向或性別認同,而且對青少年有害。接受過性傾向扭轉療法的年輕人罹患憂鬱症、產生自殺念頭和自殺行為以及吸食非法毒品的風險更高。

Youth | Employment | Maine

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

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+ in employment?

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

反歧視法適用於誰以及禁止什麼?

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

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

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

Does the law apply to every employer?

No, there is a religious exemption that provides:

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

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

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

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

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

Does Maine law forbid sexual harassment?

Yes, sexual harassment is expressly prohibited by state law.

Both the United States Supreme Court and several state courts have found same-sex sexual harassment to violate sexual harassment laws. 比較 Oncale 和 Sundowner Offshore Services (9523 U.S. 75 (1998), man can sue for sexual harassment by other men under federal sexual harassment laws)) to 梅爾尼琴科訴 84 木材公司案 (424 Mass. 285, 676 N.E.2d 45 (1997), (same-sex sexual harassment forbidden under Massachusetts state law)).

Are there any protections from sexual orientation harassment?

檢測與隱私權 | HIV/AIDS | 緬因州

緬因州是否有管理愛滋病毒檢測知情同意的法律?

是的。緬因州法律規定,HIV 檢測必須「自願進行,並且只有在患者知情的情況下才能進行」。 (5 MRSA §19203-A)。

然而,緬因州已經取消了未經患者明確書面知情同意不得進行愛滋病毒檢測的要求。

現在的法律只要求“必須以口頭或書面形式告知患者將進行 HIV 檢測,除非患者拒絕”(5. MRSA §19203-A(強調添加)。雖然 §19203-A 的標題是“需要自願知情同意”,但緬因州的法律並不是知情同意制度。無論是口頭還是書面的知情同意,都要求患者在進行治療前對緬因州的負擔

法律還要求在檢測前向患者提供的資訊包括陽性和陰性檢測結果的含義。此外,患者必須有機會提出問題。

緬因州法律授權設立匿名 HIV 檢測站(5 MRSA §19203-B)。

要求進行 HIV 檢測的健康保險公司或醫療保健計劃仍必須獲得書面知情同意才能進行 HIV 檢測(5 MRSA §19203-A (2))。

此外,緬因州法律禁止醫療保健提供者僅僅因為個人拒絕同意接受 HIV 檢測而拒絕提供醫療服務(5 MRSA § 19203-A (3))。

接受愛滋病毒檢測的人應該獲得哪些資訊?

2007年,為了簡化檢測程序,緬因州取消了HIV檢測的強制性檢測前諮詢。然而,HIV檢測呈陽性的患者必須接受檢測後諮詢,除非患者簽署棄權書拒絕接受。諮詢內容至少應包括:

  • 測試結果的可靠性和重要性。
  • 有關預防措施和降低風險的資訊。
  • 根據需要轉介醫療照護和支援服務。 (5 MRSA § 19204-A。)

服務提供者必須提供面對面的檢測後諮詢,但如果客戶拒絕面對面諮詢,服務提供者可以提供其他資訊提供方式。此外,服務提供者還必須向客戶提供一份書面備忘錄,概述檢測後諮詢資訊的內容。

醫生可以在沒有父母或監護人同意的情況下對未成年人進行愛滋病毒檢測嗎?

醫生可以在未成年人未獲得其父母或監護人同意的情況下對其進行 HIV 檢測。 (32 MRSA § 3292 允許醫生在未經父母同意的情況下為未成年人提供性病治療。緬因州人類服務部已將 HIV 歸類為性病。)

此外,醫生沒有義務但可以告知未成年人的監護人或父母任何醫療狀況,包括愛滋病毒檢測結果。

如果保密對您很重要,最好事先與您的醫生交談並了解他們對此問題的政策。

對孕婦的檢測有什麼具體要求嗎?

所有孕婦必須以口頭或書面形式獲悉,HIV 檢測將被納入產前醫學檢測的標準項目,除非孕婦拒絕接受 HIV 檢測。此外,如果醫療保健提供者不知道分娩者的 HIV 感染狀況或“認為 HIV 檢測具有醫學必要性”,則必須在新生兒出生後 12 小時內進行 HIV 檢測。如果父母基於宗教或良知信仰提出異議,則可免於進行此類新生兒檢測。 (5 MRSA § 19203-A(6))

緬因州法律是否允許在違背個人意願的情況下進行 HIV 檢測?

是的,緬因州法律允許在某些有限的情況下進行非自願愛滋病毒檢測,例如對被判犯有性侵犯罪的人進行檢測,以及對職業暴露源進行檢測。

是否有州法律保護醫療資訊(包括 HIV)的隱私?

緬因州法律禁止在未經檢測對象授權的情況下向檢測對像以外的任何人披露 HIV 檢測結果。 (5 MRSA § 19203。)

當醫療記錄中包含某人的 HIV 狀況時,患者必須以書面形式選擇是否授權發布該部分醫療記錄。 (5 MRSA § 19203-D。)

被檢測對象指定接收 HIV 檢測結果資訊的醫療保健提供者只能將結果提供給與患者直接合作的其他醫療保健提供者,並且只能將其用於向患者提供直接醫療或牙科護理。 (5 MRSA § 19203 (2))

這些隱私保護有例外嗎?

在發生醫療緊急情況或對他人造成某些有限的威脅時,仍可共享 HIV 狀況。

愛滋病毒感染者是否享有憲法賦予的隱私權?

是的,許多法院裁定,個人享有憲法賦予的隱私權,有權不揭露其HIV感染狀況。法院依據美國憲法的正當程序條款裁定了這項權利,該條款賦予了避免披露某些類型的個人資訊的隱私利益。

只有當揭露資訊的人是國家或政府行為者(例如警察、監獄官員或州立醫院的醫生)時,才能主張憲法賦予的隱私權。

法院如何確定一個人的憲法隱私權是否受到侵害?

為了確定是否侵犯了隱私權,法院會權衡侵犯個人隱私的性質與政府制定披露政策或做法的合法理由。

非法愛滋病毒檢測或揭露的補救措施

違反緬因州有關 HIV 檢測或 HIV 檢測結果保密性法律的個人將對檢測對象承擔實際損害和費用的責任,此外,對於疏忽違法行為,還將處以最高 $1,000 美元的民事罰款,對於故意違法行為,還將處以最高 $5,000 美元的民事罰款(5 MRSA § 19206)。

非法愛滋病毒檢測或揭露的補救措施

違反緬因州有關 HIV 檢測或 HIV 檢測結果保密性法律的個人將對檢測對象承擔實際損害和費用的責任,此外,對於疏忽違法行為,還將處以最高 $1,000 美元的民事罰款,對於故意違法行為,還將處以最高 $5,000 美元的民事罰款(5 MRSA § 19206)。

緬因州是否有報告法律要求向緬因州衛生與公眾服務部報告 HIV 或愛滋病診斷結果?

是的。所有州都要求將某些健康狀況報告給公共衛生部門,以便追蹤流行病學趨勢並制定有效的預防策略。緬因州要求醫療保健提供者和機構在確診後48小時內向衛生與公眾服務部報告被診斷患有愛滋病或HIV的個人姓名(衛生與公眾服務部,緬因州疾病管制與預防中心,第258章(法定報告疾病管制規則),10-144)。資訊將嚴格保密,除非符合5 MRSA § 19203(緬因州關於HIV檢測保密的法律)的規定,否則不得披露。

Public Accommodations | Discrimination | Maine

What is a place of public accommodation?

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

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

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+ in places of public accommodation?

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

法律對於公共場所的歧視有何規定?

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

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

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

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

If the Commissioner or investigator concludes:

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

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

我需要律師嗎?

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

提出歧視投訴的截止日期是什麼?

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

What are the legal remedies for discrimination?

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

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

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

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

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

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

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

有其他方式可以提起歧視投訴嗎?

有可能,這取決於您的具體情況。

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

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

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

在提出歧視投訴之前我可以做哪些準備?

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

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

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

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

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