LGBT rights in Maine
LGBT rights in Maine | |
---|---|
![]() | |
Status | Legal since 1976 (Legislative repeal) |
Gender identity | Altering sex on birth certificate and other documents allowed |
Discrimination protections | Sexual orientation and gender identity protections (see below) |
Family rights | |
Recognition of relationships | Same-sex marriage since 2012 Domestic partnerships since 2004 |
Adoption | Same-sex couples allowed to adopt |
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Maine have the same legal rights as non-LGBT people. Same-sex marriage has been recognized in Maine since December 2012, following a referendum in which a majority of voters approved an initiative to legalize same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is prohibited in the areas of employment, housing, credit and public accommodations. In addition, the use of conversion therapy on minors has been outlawed since 2019, and joint adoption is permitted for same-sex couples.
History and law regarding same-sex sexual activity
Upon statehood in 1820, Maine continued to enforce
The first court case dealing with the issue occurred in 1938. In State v. Cyr, the
In the 1960s, a gay man prosecuted for sodomy attempted to have the law overturned as unconstitutionally vague and an invasion of privacy, though the state Supreme Court ruled against the plaintiff in State v. White in 1966. The last sodomy case was State v. Pratt decided in 1973, where the Supreme Court overturned the conviction of Pratt for sodomy because the trial judge had instructed the jury that sodomy was complete upon a mere touching of a penis. The Supreme Court reiterated state law that actual penetration had to be proven.[1]
Maine repealed its statutory criminalization of same-sex sexual activity in 1976.[2] Sodomy between heterosexual partners was legalized at the same time. The age of consent was set at 16.
Recognition of same-sex relationships
Maine established domestic partnerships for same-sex couples in April 2004.[3]
Following legal developments in
On January 26, 2012, a petition for a same-sex marriage initiative was delivered to the Secretary of State with over 105,000, more than needed to qualify for the ballot.
Maine has provided benefits to same-sex partners of state employees since 2001.[11]
Adoption and parenting
Maine law permits single LGBT individuals and same-sex couples, whether married or unmarried, to petition to adopt.[12]
Lesbian couples have access to
Discrimination protections
Maine law penalizes discrimination in employment, housing, credit, public accommodations and education opportunity on the basis of actual or perceived sexual orientation or gender identity or expression, among other categories.[15][16] The law was amended to add these protections in 2005, passing the House of Representatives 91–58 and the Senate 25–10. It was challenged in a veto referendum, which was defeated by 55% of voters on November 8, 2005; as a result, the law remained on the books.[17]
Legislation to protect LGBT people from unfair discrimination was first proposed in 1977, though did not pass either chamber of the Maine Legislature. A bill passed both the House and Senate in 1993, but was vetoed by Governor John R. McKernan Jr.[18] Another bill passed both chambers in 1999 and was signed into law by Governor Angus King, but was defeated in a referendum on November 7, 2000, by a margin of 4,000 votes.
On June 17, 2021 the Maine Legislature passed and the Governor of Maine signed a bill (LD1688) - to explicitly include "gender identity and family status" throughout all of Maine legal statutes, not just discrimination laws.[19]
Healthcare facilities data
Beginning October 1, 2026 healthcare facilities within Maine must mandate and explicitly include sexual orientation and gender identity data - under Maine laws enacted.[20]
Hate crime law
Maine's hate crime law includes both sexual orientation and gender identity.[21] The law provides penalty enhancements for a crime motivated by the victim's actual or perceived sexual orientation or gender identity, amongst other categories.
Gay and trans panic defense
In June 2019, the Maine Legislature passed a bill (passing the House by a vote of 132–1 and the Senate by a vote of 35–0) to ban the gay and trans panic defense, effective from July 1, 2019.[22][23] The gay panic defense is a legal strategy in which defendants accused of violent offenses claim that unwanted same-sex sexual advances provoked them into reacting by way of self-defense. Occasionally, the defendant may see their charges decrease from murder to the lesser charge of manslaughter.
Transgender rights
In April 2024, a bill passed and signed within Maine - by both the Governor and Legislature “protects, defends and safeguards gender-affirming healthcare explicitly” (alongside abortion).[24][25]
Since July 2023, a law implemented legally allows 16 and 17 year olds to access hormone therapy for gender-affirming healthcare within Maine - passed by the Legislature and signed into law by the Governor.[26]
Since November 2019, Maine residents no longer require certification from a medical provider in order to change the gender marker on their driver's licenses and state ID cards. The Bureau of Motor Vehicles will issue an updated driver's license upon receipt of a completed "Gender Designation Form".[27] A new birth certificate reflecting an applicant's gender identity will be issued by the Maine Department of Health and Human Services following the completion of a notarized affidavit by that applicant. The new birth certificate will record the applicant's requested sex, that being "male", "female" or "X", along with a new first and middle name as designated by the applicant.[28]
Three sex options are available on driver's licenses and state ID cards, that being "male", "female" and "X".[29][30][31] The "X" option became available for birth certificates in July 2020. Applicants for an "X" require a declaration from a licensed physician or mental health provider affirming their gender identity. Minors also require parental consent.[32][33][34]
In January 2024, following right wing backlash, Maine Democrats voted unanimously to strike a bill which would've provided sanctuary protections to trans minors.[35][36]
Doe v. Regional School Unit 26
In January 2014, the
Conversion therapy
In June 2018, both chambers of the
On May 8, 2019, the House passed new legislation to ban conversion therapy on minors, with a vote of 91–46. It later passed the Senate on May 21, 2019 by a vote of 25–9. Governor Janet Mills signed the legislation into law on May 29, 2019.[42][43] The new law became effective 90 days after the conclusion of the legislative session (i.e. September 17, 2019). It prohibits licensed health care providers from practicing conversion therapy on minors within the state.[44][45]
Public opinion
A 2017 Public Religion Research Institute poll found that 71% of Maine residents supported same-sex marriage, while 25% were opposed and 4% were unsure.[46]
Poll source | Date(s) administered |
Sample size |
Margin of error |
% support | % opposition | % no opinion |
---|---|---|---|---|---|---|
Public Religion Research Institute | January 2-December 30, 2019 | 266 | ? | 76% | 19% | 5% |
Public Religion Research Institute | January 3-December 30, 2018 | 303 | ? | 69% | 26% | 5% |
Public Religion Research Institute | April 5-December 23, 2017 | 359 | ? | 75% | 19% | 6% |
Public Religion Research Institute | April 29, 2015-January 7, 2016 | 460 | ? | 70% | 25% | 5% |
Summary table
Same-sex sexual activity legal | ![]() |
Equal age of consent (16) | ![]() |
Anti-discrimination laws in all areas | ![]() |
Hate crime law includes sexual orientation and gender identity | ![]() |
Same-sex marriages | ![]() |
Recognition of same-sex couples (e.g. domestic partnership) | ![]() |
Joint and stepchild adoption by same-sex couples | ![]() |
Lesbian, gay and bisexual people allowed to serve openly in the military | ![]() |
Transgender people allowed to serve openly in the military | ![]() |
Intersex people allowed to serve openly in the military | ![]() |
Right to change legal gender | ![]() |
Access to IVF for lesbian couples | ![]() |
Gay and trans panic defence banned | ![]() |
Conversion therapy banned on minors | ![]() |
Third gender option | ![]() |
Surrogacy arrangements legal for gay male couples | ![]() |
MSMs allowed to donate blood | ![]() ![]() |
See also
References
- ^ a b c "The History of Sodomy Laws in the United States - Maine". www.glapn.org.
- ^ "Maine Sodomy Law". Hrc.org. 2007-03-09. Archived from the original on 2013-11-04. Retrieved 2013-11-02.
- ^ "Maine Marriage/Relationship Recognition Law". Hrc.org. 2009-11-04. Archived from the original on 2013-11-04. Retrieved 2013-11-02.
- ^ "Maine Legislature Votes To Ban Gay Marriages". The New York Times. Associated Press. March 28, 1997.
- ^ State of Maine: "Governor Signs LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom," May 6, 2009, accessed February 24, 2012
- ^ Boston Globe: Jenna Russell, "Gay marriage law signed in Maine, advances in N.H.," May 6, 2009, accessed February 24, 2012
- ^ Politico.com: Michael Falcone, "Maine vote repeals gay marriage law," November 4, 2009, accessed February 24, 2012
- ^ CNN: "Maine rejects same-sex marriage law," November 4, 2009, accessed February 24, 2012
- ^ Steve Mistler (January 26, 2012). "It's on: Same-sex marriage supporters give it another try". Lewiston Sun Journal.
- ^ Edith Honan (November 7, 2012). "Maryland, Maine, Washington approve gay marriage". Reutersl.
- ^ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees" Archived 2010-12-30 at the Wayback Machine, accessed April 16, 2011
- ^ "Maine Adoption Law". Hrc.org. 2009-12-09. Archived from the original on 2013-11-04. Retrieved 2013-11-02.
- ^ "Maine's equality profile". Movement Advancement Project.
- ^ "What You Need to Known About Surrogacy in Maine". American Surrogacy.
- ^ "Maine Non-Discrimination Law". Hrc.org. 2007-03-09. Archived from the original on 2013-11-04. Retrieved 2013-11-02.
- ^ "Title 5, Chapter 337: Human Rights Act". Maine Legislature.
- ^ "Maine Reject Extension of Civil Rights Protections Regardless of Sexual Orientation, Question 1 (2005)". Ballotpedia.
- ^ "Sexual Orientation in the Maine Human Rights Act". Maine Legislature.
- ^ "Maine LD1688 | 2021-2022 | 130th Legislature".
- ^ [1]
- ^ "Title 17-A: Maine Criminal Code, Part 1: General Principles, Chapter 5: Defenses and Affirmative Defenses; Justification". Maine Legislature.
- ^ "Movement Advancement Project | Gay/Trans Panic Defense Bans". www.lgbtmap.org.
- ^ "Maine LD1632 | 2019-2020 | 129th Legislature". LegiScan.
- ^ [2]
- ^ [3]
- ^ [4]
- ^ "Maine". National Center for Transgender Equality.
- ^ "Gender Marker Change on Birth Certificates FAQs" (PDF). Department of Health and Human Services.
- ^ Bodnar, Marissa (November 7, 2019). "Maine makes it easier to change gender on driver's license". WGME. Augusta.
- ^ "Maine becomes the third U.S. state to legally recognise gender non-binary people". Gay Times. June 17, 2018.
- ^ "Maine considers adding nonbinary option to birth certificate". Bangor Daily News. Augusta. February 21, 2020.
- ^ Stockford, Griffin (July 14, 2020). "Maine now offers nonbinary option on birth certificates". News Center Maine.
- ^ "Identity Document Laws and Policies". lgbtmap.org.
- ^ "Application to Change the Name and/or Sex on a Record of Live Birth to Support Gender Identity" (PDF). Department of Health and Human Services.
- ^ "Maine Democrats bail on bill making state sanctuary for trans people amid far-right uproar". Advocate.
- ^ "Maine Democratic lawmakers kill trans refuge bill". LA Blade.
- ^ "Doe v. Clenchy". GLAD.
- ^ Writer, Kevin MillerStaff (June 26, 2018). "Bill to ban 'conversion therapy' headed to LePage".
- ^ "Actions". legislature.maine.gov.
- ^ EDT, Ramsey Touchberry On 7/7/18 at 12:26 PM (July 7, 2018). "Maine Republican Governor Paul LePage vetoed a bill on Friday that would have banned conversion therapy". Newsweek.
{{cite web}}
: CS1 maint: numeric names: authors list (link) - ^ staff, Maine Public (9 July 2018). "Maine House Sustains LePage's Veto Of 'Conversion Therapy' Ban". www.mainepublic.org.
- ^ "Maine becomes 17th US state to ban conversion therapy on minors". Gay Star News. May 29, 2019. Archived from the original on July 30, 2019. Retrieved May 30, 2019.
- MPBN. 2019-05-29. Retrieved 2019-05-29.
- ^ a b "Maine Bans Conversion Therapy for Minors | NewNowNext". www.newnownext.com.
- ^ Campaign, Human Rights. "Maine Gov. Signs Bill Protecting Youth from "Conversion Therapy"". Human Rights Campaign.
- ^ Consulting, Epicenter. "PRRI – American Values Atlas". ava.prri.org.
- ^ Baldor, Lolita; Miller, Zeke (January 25, 2021). "Biden reverses Trump ban on transgender people in military". Associated Press.
- ^ "Medical Conditions That Can Keep You From Joining the Military". Military.com. 25 February 2022.
- ^ McNamara, Audrey (April 2, 2020). "FDA eases blood donation requirements for gay men amid "urgent" shortage". CBS News.