Discrimination | Transgender Rights | Maine

家 » 緬因州 » Page 7

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 In May 1997, Maine approved an anti-discrimination law based on sexual orientation, but this law was repealed in a special election in February 1998.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

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

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 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)).

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

You should contact the Maine Human Rights Commission (MHRC) at (207) 624-6050, or at State House Station #51, Augusta, ME 04333-0051, or on the web at http://www.state.me.us/mhrc/index.shtml. The Commission prefers for people to file complaints in writing. For an overview of this process refer to the MHRC regulations, available at http://www.maine.gov/mhrc/laws/index.html.

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 his or her 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 his or her 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).

我還可以向聯邦機構提出歧視投訴嗎？

Yes, in many cases. Federal employment non-discrimination law, called Title VII, applies only to employers with at least 15 employees, and complaints must be filed within 180 days of the discriminatory act with the Equal Employment Opportunity Commission (EEOC). But if you initially institute your complaint with MHRC and indicate that you wish to have the complaint cross-filed with the EEOC, then the time limit is extended to the earlier of 300 days or 30 days after MHRC has terminated the case (United States Code 42 sec. 2000e-5(e)(1)). (People who work for federal agencies are beyond the scope of this publication.)

Someone who brings a claim of discrimination may sometimes pursue protections under both state and federal law. This is true because there may be overlapping provisions of state and federal law. For example, Title VII forbids employment discrimination based on race, sex, age, religion and disability (which includes HIV status), but does not expressly forbid discrimination based on “sexual orientation” or “gender identity.”

Because a growing number of courts and government agencies have recognized that the root of sexual orientation and gender identity discrimination is sex discrimination, the federal EEOC has recently indicated that it will accept both “gender identity” and “sexual orientation” discrimination complaints in order to investigate whether the complainant may have experienced prohibited “sex” discrimination. For more information go to: http://www.eeoc.gov/eeoc/publications/upload/GenderStereotyping-LGBT-brochure-OLC.pdf.

GLAD recommends that, where there may be overlapping state and federal jurisdiction, you explore filing with MHRC first but keep in mind the possibility of pursuing a federal claim as well. If you have a sexual orientation or gender identity complaint, you should check off “sex” as well as “sexual orientation” or “gender identity” as the bases for your claim and request that MHRC cross-file your complaint with the EEOC.

LGBT people who are discriminated against in housing may also be able to file a complaint with the federal Department of Housing and Urban Development (HUD) in addition to MHRC. For more information go to: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equ al_opp/LGBT_Housing_Discrimination.

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。

聯盟： If you are a member of a union, your contract (collective bargaining agreement) may provide additional rights to you in the event of discipline, discharge or other job-related actions. In fact, if you obtain relief under your contract, you may decide not to pursue other remedies. Get and read a copy of your contract and contact a union steward about filing a grievance. Deadlines in contracts are strict. Bear in mind that if your union refuses to assist you with a complaint, you may have a discrimination action against it for its failure to work with you, or for failure of duty of fair representation.

州或聯邦法院： After filing with the MHRC or EEOC, a person may decide to remove his or her 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 his or her free speech or equal protection rights were violated, then those matters must be heard in court.

如果我的雇主因為我提出歧視申訴而解僱我，我該怎麼辦？

It is illegal to retaliate in these circumstances, and the employee could file an additional complaint against the employer for retaliation. “Retaliation” protections cover those who participate in MHRC proceedings or otherwise oppose unlawful conduct, whether as a complainant or as a witness. If the employer takes action against an employee because of that conduct, then the employee can state a claim of retaliation (5 Me. Rev. Stat. sec. 4572 (1)(E). See also Provencher v. CVS Pharmacy, 76 Fair Empl.Prac.Cas. (BNA) 1569 (1st Cir.(N.H.) 1998) (upholding federal retaliation claim of gay man)).

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 on the job that you are complaining about. 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. Try to obtain and bring copies of your employee handbooks or personnel manuals, any contracts, job evaluations, memos, discharge letters and the like. If you are concerned about a housing matter, bring a copy of your lease, along with any notices and letters you have received from your landlord.

Employment | Discrimination | Maine

家 » 緬因州 » Page 7

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

Does it also protect people perceived of as LGBT 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.

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature constitute sexual harassment when:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment” (94-348 Rules of Maine Human Rights Com’n, 3.06 I (1). Available at: http://www.maine.gov/mhrc/laws/index.html).

Although the Maine Law Court has not specifically ruled on the question, it should be as unlawful to sexually harass a gay, lesbian or bisexual person as it is to harass a non-gay person. Some harassment is specifically anti-gay, and may be more fairly characterized as harassment on the basis of sexual orientation, which is discussed below. Other harassment is sexual in nature and more appropriately categorized as “sexual harassment.” Both types of harassment can happen to the same person, and both are forbidden.

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?

Yes. In September 2007, the Maine Human Rights Commission (MHRC) adopted amendments to its employment and housing rules that expressly acknowledged the existence of sexual orientation harassment (see generally 94-348 Me. Hum Rights Comm’n Reg. Ch. 3, § 3.12. Available at: http://www.maine.gov/mhrc/laws/index.html). Under these rules, unwelcome comments, jokes, acts, and other verbal or physical conduct on the basis of sexual orientation constitute harassment when:

submission to this conduct is a condition of employment or a term of membership in a union;
submission to or rejection of this conduct is used as a basis for a decision made by unions or employers that effect the individual;
such conduct interferes or attempts to interfere with the individuals work performance or creates an intimidating, hostile, or offensive working or union environment (94-348 Me. Hum Rights Comm’n Reg. Ch. 3, § 3.12 (1) (a) – (c). Available at: http://www.maine.gov/mhrc/laws/index.html).

Employers or labor organizations are responsible for their actions and for those of their employees with respect to sexual orientation harassment (94-348 Me. Hum Rights Comm’n Reg. Ch. 3, § 3.12 (2). Available at: http://www.maine.gov/mhrc/laws/index.html).

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

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).

我需要律師嗎？

提出歧視投訴的截止日期是什麼？

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.

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.

The present non-discrimination laws for employment forbid taking action against someone because of race, color, sex, physical or mental disability, religion, ancestry, national origin, age, or because a person previously filed a worker’s compensation claim, as well as sexual orientation (5 Me. Rev. Stat. sec. 4572. 44).

我還可以向聯邦機構提出歧視投訴嗎？

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。

Union: If you are a member of a union, your contract (collective bargaining agreement) may provide additional rights to you in the event of discipline, discharge or other job-related actions. In fact, if you obtain relief under your contract, you may decide not to pursue other remedies. Get and read a copy of your contract and contact a union steward about filing a grievance. Deadlines in contracts are strict. Bear in mind that if your union refuses to assist you with a complaint, you may have a discrimination action against it for its failure to work with you, or for failure of duty of fair representation.
州或聯邦法院: After filing with the MHRC or EEOC, a person may decide to remove his or her 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 his or her free speech or equal protection rights were violated, then those matters must be heard in court.

如果我的雇主因為我提出歧視申訴而解僱我，我該怎麼辦？

在提出歧視投訴之前我可以做哪些準備？

Credit Lending | Discrimination | Maine

家 » 緬因州 » Page 7

Does Maine have an anti-discrimination law protecting LGBT individuals from discrimination in credit, lending and services?

Does it also protect people perceived of as LGBT in credit, lending and services?

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

How does the Maine anti-discrimination law protect people with regard to credit?

It is unlawful credit discrimination for any creditor to refuse the extension of credit to any person solely on the basis of sexual orientation (5 Me. Rev. Stat. sec. 4596). The law requires that the Superintendent of Financial Institutions and the Superintendent of Consumer Credit Protection cooperate with the Maine Human Rights Commission in enforcing the credit anti-discrimination law (5 Me. Rev. Stat. sec. 4598).

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

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).

我需要律師嗎？

提出歧視投訴的截止日期是什麼？

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.

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 credit, in addition to sexual orientation, the protected characteristics are age, race, color, sex, ancestry, religion, national origin and marital status.

我還可以向聯邦機構提出歧視投訴嗎？

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 his or her 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 has a claim for a violation of constitutional rights, such as a teacher or other governmental employee who believes his or her 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？

Custody Parentage Laws | Maine

家 » 緬因州 » Page 7

Can a single gay individual adopt a child in Maine?

Yes (18-A Me. Rev. Stat. sec. 9-301).

在緬因州，同性伴侶可以共同收養孩子嗎？

Yes. More information on adopting in ME can be found, 這裡.

I am in the middle of a divorce and I am now involved with a same-sex partner. Can my “ex” use this against me to deny me parental rights and responsibilities for my children?

The Maine Law Court has not yet addressed a case like this, but the majority rule in the country is “No.” Most states, and two Maine Superior Court cases, use the “nexus test” under which a parent’s sexual orientation is not relevant unless there is actual evidence of harm to the child. Speculation of harm or teasing is not enough.

在 Whitehead v. Black (2 BNA Family Law Rptr 2593 (Me. Super. 1976)), a case decided by the Superior Court, an ex-husband from Georgia petitioned for a change of custody when he learned that his ex-wife, who had since moved to Maine, was a lesbian. The court ruled that the children had always lived with the mother, that she was otherwise fit, and she “was aware that her homosexual lifestyle could have an impact on her children and was intelligently seeking to minimize, if not totally eliminate, that impact” (Id. at 2594). That reasoning from a court is good for its time.

Finally, many reputable attorneys have refused even to make the argument that a parent’s sexual orientation — standing alone — should be a factor in child welfare decisions.

What are the factors for making parental rights and responsibilities determinations generally?

Courts consider the parents as equals, whether married or unmarried, and make orders based on the best interests of the children.

The permissible factors for consideration are set out by law. The factors focus on child welfare and none automatically advantages a non-gay parent over a gay parent.

The law provides: “In making decisions regarding the child’s residence and parent-child contact, the court shall consider as primary the safety and well-being of the child. In applying this standard, the court shall consider the following factors:

The age of the child;
The relationship of the child with the child’s parents and any other person who may significantly affect the child’s welfare;
The preference of the child, if old enough to express a meaningful preference;
The duration and adequacy of the child’s current living arrangements and the desirability of maintaining continuity;
The stability of any proposed living arrangements for the child;
The motivation of the parties involved and their capacities to give the child love, affection and guidance;
The child’s adjustment to the child’s present home, school and community;
The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access;
The capacity of each parent to cooperate or to learn to cooperate in childcare;
Methods for assisting parental cooperation and resolving disputes and each parent’s willingness to use those methods;
The effect on the child if one parent has sole authority over the child’s upbringing;
The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects: 1. The child emotionally; and 2. The safety of the child;
The existence of any history of child abuse by a parent;
All other factors having a reasonable bearing on the physical and psychological well-being of the child; and
A parent’s willful misuse of the protection from abuse process…” (19-A Me. Rev. Stat. sec. 1653(3)).

Are there different kinds of parental rights and responsibilities?

Yes, and the courts may allocate some particular rights to one parent and others to another parent (19-A Me. Rev. Stat. sec. 1501). The rights that may be divided include primary physical residence, visitation, support, education, medical and dental care, religious upbringing or any other matter. Sometimes a parent will be solely responsible for the child in all aspects; this is called “sole parental rights and responsibilities.” Other times, the parents will share all of these issues; this is called “shared parental rights and responsibilities.”

如果孩子因為父母是同性戀而被嘲笑，這算是對孩子的傷害嗎？

不應該。身為同性戀父母，額外的責任之一就是幫助孩子應對這種可能性或現實。當然，孩子可能會因為各種原因被嘲笑，從耳朵的大小、父母的口音，到缺乏時尚感，所以所有父母都需要幫助孩子培養應對同儕騷擾的機制和策略。

就法律問題而言，美國最高法院的一個案例尤其具有啟發意義， Palmore v. Sidoti, (466 U.S. 429 (1984)) in which the U.S. Supreme Court reversed a Florida court’s change of custody from the mother to the father. The reason custody had been switched was because the white mother was involved with a black man whom she later married. The Supreme Court acknowledged the reality of bias and prejudice, and that the child might be teased, but refused to cater to those prejudices or give them the force of law by changing the custody arrangement that previously existed. In a statement of constitutional principle applicable to all, the Court unanimously stated, “The Constitution cannot control prejudices, but neither can it tolerate them. Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect” (Palmore, 466 U.S. at 432).

Does it matter if my “ex” knew I was gay or lesbian or might be before we separated?

It may, but does not necessarily make a difference with respect to future modification of court orders for custody. People can seek to modify court orders for custody when there has been a “substantial change in circumstances.” If a spouse did not know of his or her spouse’s sexual orientation at the time of the initial court proceedings, but learns it later, he or she may argue that this is a substantial change of circumstances and that the custody issues should be reviewed. There are many cases from around the country rejecting this as a basis for seeking modification. Of course, if one spouse or former heterosexual partner knew of the other’s same-sex sexual orientation at the time of the court proceedings establishing custody, a modification petition on those grounds would be pointless (see generally, 19-A Me. Rev. Stat. sec. 1653 (10)).

Can a court keep my children from visiting when my partner is present?

This issue has not been decided by the Maine Law Court, but a Superior Court case, Stone v. Stone (Me. Super. LEXIS 30 (1980)), applied the right test. A mother went back to court seeking a restriction on her ex-husband’s “overnight visitors,” as he was now partnered with a man. The Superior Court struck the restriction imposed by a lower court because the father was discreet and there was no evidence of harm to the children.

Moreover, visitation restrictions are inherently suspect. In 勞倫斯訴德克薩斯州 (539 U.S. 558, 574 (2003)), the U.S. Supreme Court did more than decriminalize sexual acts. It acknowledged the right of gay people to form and sustain loving personal relationships and lead their private lives free of government restrictions and legal condemnation. Since gay people may make “personal decisions relating to … family relationships [and] child rearing,” custody and visitation restrictions must be handled accordingly. Mere differences in moral values between a court and a parent, presumptions about a gay parent’s conduct, or “social condemnation” of their relationship should no longer be permissible factors, if they ever were. While courts have the power to do this, visitation should not be restricted unless there is actual evidence that the partner is causing harm to the child. The touchstone for these decisions is the best interests of the child.

What standards should same-sex couple with children who are breaking up maintain?

有孩子的同性伴侶分手後應該：

支持LGBT父母的權利；
尊重現有的關係，不論其法律標籤如何；
分手後尊重孩子現有的父母關係；
為孩子保持連續性；
尋求自願解決方案；
記住，分手很難；
調查虐待指控；
The absence of agreements or legal relationships should not determine outcome;
將訴訟視為最後的手段；
Refuse to resort to homophobic/transphobic laws and sentiments.

For more detailed information about these standard see the publication 保護家庭：LGBT家庭標準.

如果我需要協助解決親子關係問題，我該去哪裡？

As with any family law issue, individualized legal advice is recommended. GLAD Answers can provide information as well as referrals to local practitioners. If you have questions about how to protect your family, contact GLAD Answers by filling out the form at GLAD 答案或致電 800.455.4523 (GLAD)。

Voters’ Rights in Maine

家 » 緬因州 » Page 7

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

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

閱讀證詞.

Aging | Discrimination | Maine

家 » 緬因州 » Page 7

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

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.

Does it also protect people perceived of as LGBTQ+?

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

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 other non-discrimination protections available in Maine?

Guardianship and Conservatorship

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

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

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

Social Security Benefits

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

Health Care Proxy

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

Power of Attorney

您可以指定在您無法做出財務決策時由誰來代為做出財務決策。這稱為授權委託書。

部落格

家 » 緬因州 » Page 7

Celebrating Historic LGBTQ+ Representation in the 2022 Elections

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

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

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

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

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

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

訊息

家 » 緬因州 » Page 7

這項調查進一步證明，緬因州多年來一直在將殘疾兒童送入收容機構，而不是在社區提供必要的支持。

美國司法部對緬因州兒童行為健康系統進行的調查發現，該州存在許多失職行為，導致殘疾兒童面臨被隔離和送入機構的重大風險，違反了《美國殘疾人法案》。司法部在最高法院作出這項具有里程碑意義的裁決23週年之際發布了調查結果。 奧姆斯特德訴LC該裁決認為，將殘疾人不必要地隔離在機構環境中違反了《美國殘疾人法案》。然而，司法部的調查結論 “緬因州不必要地將患有精神健康和/或發育障礙的兒童隔離在精神病院、住院治療機構和州立青少年拘留所。” 調查結果函，司法部結論：

緬因州以社區為基礎的行為健康系統未能提供足夠的服務。結果，每年有數百名兒童被不必要地隔離在機構中，而其他兒童則面臨被送入機構的嚴重風險。
「兒童無法在家中和社區獲得行為健康服務——這些服務是州政府透過醫療補助計劃（MaineCare）向家庭宣傳的一系列現有計劃的一部分，但並沒有以有意義或及時的方式提供。”
“緬因州有行為健康需求的兒童有資格並且適合享受州政府提供的一系列社區服務，但他們要么仍然被隔離，要么面臨被送進收容機構的嚴重風險。”
緬因州的家庭和兒童絕大多數都願意在融合環境中接受服務。事實上，家長們表示，由於他們的孩子在緬因州內外的寄宿機構中遭受創傷、忽視和虐待，他們強烈希望孩子在家接受服務。

司法部強調的重大缺陷是緬因州兒童行為健康系統多年來投資不足的結果。為了應對這些缺陷，緬因州殘疾人權利組織、緬因州美國公民自由聯盟、同性戀、雙性戀、跨性別法律倡導者和捍衛者組織（GLAD）以及公共代表中心等組織聯盟一直在共同努力，倡導在州一級進行具體而緊迫的改革。該聯盟對該州未能在兒童之家和社區提供關鍵的行為健康服務表示嚴重關切，並正在與緬因州積極討論改進和鞏固現有服務的具體方法。以下聲明可歸因於： 緬因州美國公民自由聯盟法律總監卡羅爾‧加文 (Carol Garvan) 所有兒童都應該有機會在自己的社區過著富足充實的生活。為了實現這一目標，州政府必須提供關鍵的社區行為健康服務。由於州政府多年來對兒童行為健康系統的投入不足，我們不得不將殘障兒童不必要地送進機構——監獄、急診室、精神病院。這種隔離侵犯了殘疾兒童免受歧視的基本權利。 緬因州殘疾人權利組織法律總監 Atlee Reilly 儘管緬因州多年來一直關注此事，但其仍未正視其所面臨問題的嚴重程度、對一代青少年和家庭造成的重大傷害，以及如果不緊急解決兒童行為健康系統長期存在的缺陷，未來將持續增加的巨額成本。緬因州必須放棄昂貴且無效的機構解決方案，轉而採用一個能夠在家庭和社區中支持青少年的體系。 Mary L. Bonauto，GLBTQ 法律倡導者和捍衛者組織 (GLAD) 民權項目主任 年輕人在獲得所需的關懷和支持時擁有無限的潛力。緬因州長期以來未能提供所需的全部心理和行為健康護理服務，這已不是什麼秘密。正如司法部在2022年6月22日的調查結果函中所指出的，這導致人們更傾向於將青少年監禁在機構中，包括寄宿機構、精神病院和青少年拘留所長溪（Long Creek），而不是在家中和社區中與家人團聚。這是一場可以解決的危機，現在是時候採取行動了。 史蒂文·施瓦茨（Steven Schwartz），公共代表中心法律總監 兒童和青少年在自己的家中長大，在自己的社區生活，並與朋友和鄰居保持密切聯繫，才能茁壯成長。將他們轉移到遙遠的機構既昂貴又不必要，而且有害無益。包括鄰近的麻薩諸塞州和羅德島州在內的其他幾個州已經建立了一套全面的強化居家服務體系，讓孩子們在與家人和鄰裡學校相處的同時，也能接受所需的治療。緬因州也需要效仿。背景該州已註意到其兒童行為健康系統存在重大缺陷，該系統主要服務於符合緬因州醫療計劃資格的低收入兒童。獨立評估 2018 年對該系統的調查發現了許多與司法部調查相同的缺陷，發現兒童行為健康服務在需要時無法提供，或者根本沒有提供。另一份獨立評估 2020年對青少年司法系統的調查發現，許多青少年被拘留和監禁在長溪監獄，因為他們無法獲得適當的社區服務來滿足其行為和心理健康需求。由於多年來投資不足，青少年及其家庭的生存條件持續惡化。許多青少年無法隨時隨地獲得社區服務—例如在家中和學校獲得行為健康服務。如果州政府未能滿足兒童的心理和行為健康需求，他們的處境就更有可能升級為危機。這導致兒童被不必要地送入急診室、精神病院和監獄。結果，緬因州的青少年與社區和家庭分離，被送往遠離家鄉的機構。由於缺乏安全出院所需的服務，緬因州的青少年被長期困在醫院、急診室和危機處理中心。而緬因州繼續將兒童關進監獄，是因為該州未能為這些青少年提供適當的社區服務。

訊息

家 » 緬因州 » Page 7

「模範的跨性別非歧視政策和擁抱跨性別住戶的公開聲明，為此類機構如何以及應該如何尊重跨性別老年人樹立了清晰的榜樣。」——克里斯·埃爾丘爾，同性戀者聯盟律師

79歲的跨性別女性瑪麗金與Sunrise輔助生活中心就緬因州人權委員會就其在緬因州瓊斯波特的設施入住歧視一案達成了一項具有里程碑意義的和解。金女士因跨性別身分被該設施拒絕入住。該委員會也是該協議的一方，並在今天的會議上批准了和解條款。

根據和解協議的條款，緬因州成人家庭護理院 (AFCH) 將採用全面的跨性別反歧視政策。此外，所有九家工廠的所有員工和管理人員都將參加由 SAGECare，領先的老年人服務機構培訓提供商AFCH 也將在公司網站上顯著位置發布一份不歧視跨性別者的聲明。

“我很高興看到這個積極的結果，” 金女士說“我相信新政策將防止其他人遭受虐待，並幫助人們理解跨性別者只是尋求與其他人一樣得到尊嚴和尊重的對待。”

了解更多案件信息

AFCH 網站上的非歧視聲明指出，所有 AFCH 設施都為“女同性戀、男同性戀、雙性戀和變性人居民提供熱情包容的環境”，並特別指出工作人員將“在招生、安置和項目安排等各個方面，根據變性人的性別認同對待他們”。

此外，AFCH 正在採用一項示範性非歧視政策。該政策規定，AFCH 機構“將根據跨性別申請人的性別認同，對待其並提供生活和支持服務”，並明確規定“申請人/住戶是否被安排在按性別分開的共用房間，應基於申請人/住戶的性別認同，而非其出生時指定的性別”。該政策強調，“跨性別女性將得到充分尊重，並與機構內其他女性享有同等待遇”，並規定禁止基於性別認同或跨性別身份的騷擾——與任何其他受保護群體一樣——如果發生騷擾，工作人員必須介入製止。

“任何需要進入長期照護機構的人，包括跨性別者，都應該受到尊嚴、同情和尊重的歡迎，” GLAD 律師 Chris Erchull 表示。「與緬因州成人家庭護理院達成的和解協議，解決了瑪麗因身份原因被拒之門外所遭受的深重傷害。該機構的模範跨性別非歧視政策和包容跨性別住戶的公開聲明，為此類機構如何以及應該如何尊重跨性別老年人樹立了清晰的榜樣。”

2021年春天，彭灣醫療中心（Pen Bay Medical Center）的一名社工代表當時在醫院住院的金女士聯繫了Sunrise。該機構最初表示有空房，但在得知金女士是跨性別者後，Sunrise通知醫院，由於她要求與一位女性室友同住一間房，因此拒絕接收她。

3月14日，緬因州人權委員會發布了一份合理的裁定，認定該機構拒絕金女士入住長期照護機構，基於她的性別認同、跨性別認同和性別特徵，在住房和公共場所方面對她構成歧視，而這些都受到《緬因州人權法案》的保護。委員會的行動是在GLAD（同性戀、雙性戀、跨性別法律倡議與捍衛者）代表金女士提起的歧視投訴進行調查之後做出的。 GLAD是美國首例已知的跨性別老年人針對長期照護機構提起的歧視投訴。

“金女士案件的和解傳遞了一個明確的信息，即跨性別老年人在尋求長期護理服務時應該得到尊嚴和尊重，” GLAD 資深律師 Ben Klein 表示「雙方與緬因州人權委員會的聯合決議明確指出，因申請人是跨性別者而對其進行歧視是違法的，該和解協議所要求的非歧視政策和 LGBT 能力培訓是緬因州乃至全國機構效仿的典範。”

在一個聯合聲明美國變性老人協會和同性戀者反歧視聯盟表示，希望此事的積極解決“將促使全國各地的長期護理機構採取政策，確保變性老年人，乃至所有老年人，都能得到有尊嚴和尊重的對待。”

“這項協議強化了長期護理人員共同的核心價值：我們所有人在年老時都有權享有尊嚴和尊重。” GLAD 民權項目主任兼緬因州律師 Mary Bonauto 補充道“這就是瑪麗和其他變性老年人所要求的，也是我們的法律所要求的。”

除此案外，聯邦衛生與公共服務部還根據《平價醫療法案》的性別歧視條款對 Sunrise 的行為展開調查。

了解更多案件信息

Pride 2022 Events

家 » 緬因州 » Page 7

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

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

Provincetown Pride & WOC weekend
June 3-June 5, 6:30pm-9:30pm
Provincetown, MA
了解更多

Boston Dyke March
June 10, 6:30pm-9:30pm
Parkman Bandstand On Boston Common
Boston, MA
了解更多

Boston Pop-Up Pride
June 12, 11am-5pm
The Boston Common
Boston, MA
了解更多

Rhode Island Pride
June 18, 12pm
Providence Innovation District Park
Providence, RI
了解更多

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

Nashua Pride Festival
June 25, 2pm-6pm
229 Main Street
Nashua, NH
了解更多

Boston Urban Pride Weekend
June 30-July 3
Boston, MA
了解更多