LGBT rights in Maine

LGBT rights in Maine
Same-sex sexual intercourse legal status Legal since 1976
(Legislative repeal)
Gender identity/expression Yes
Discrimination protections Yes, both sexual orientation and gender identity (see below)
Family rights
Recognition of
relationships		 Same-sex marriage since 2012
Domestic partnerships since 2004
Adoption Yes

Lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Maine are a recent occurrence, with most advances and enhances in LGBT rights in the state taking place since the early 2000s. LGBT people in Maine have some of the same rights and responsibilities as heterosexuals, however may face some legal issues not experienced by non-LGBT residents.

Law regarding same-sex sexual activity

Maine repealed its statutory criminalization of same-sex sexual activity in 1976.[1]

Recognition of same-sex relationships

Maine originally banned marriage for same sex couples in 1997.[2]

Maine established domestic partnerships for same-sex couples in April 2004.[3]

On May 6, 2009, the state enacted a law to allow same-sex marriage in Maine.[4][5] Before the law went into effect, it was repealed by referendum on November 3, 2009.[6][7]

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.[8]

On November 7, 2012, a majority of Maine voters approved the Question 1 referendum by a margin of 53% to 47%, legalizing same-sex marriage in the state.[9] The law took effect on December 29, 2012.

Maine has provided benefits to same-sex partners of state employees since 2001.[10]

Adoption and parenting

Maine law permits single LGBT persons and same-sex couples to petition to adopt.[11]

Discrimination protection

The Maine Human Rights Act penalizes discrimination in employment, housing, credit, public accommodations and education opportunity on the basis of sexual orientation or actual or perceived gender identity or expression.[12] The Human Rights Act was amended to add these protections by the passage of LD 1196 in 2005. It was challenged to a veto referendum, which was defeated by 55% of voters, resulting in the approval of the law.

Hate crime law

Maine's hate crime law explicitly addresses sexual orientation. It does not address gender identity.[13]

Gender identity

Transgender individuals born within Maine may amend their birth certificates, only after sexual reassignment surgery.[14]

It was annonced that in June 2018 from July 1, 2019 - The US state of Maine will legally allow and implement a "gender X" on drivers licenses.[15]

Doe v. Regional School Unit 26

In 2013 the Maine Supreme court ruled in against an Orono School district who was denied a student the use of a bathroom in alignment with their gender identity. This was the first time that a "Bathroom Ban" of any kind had been ruled on in the United States and the first time that such a kind of ban had been struck down.

Conversion therapy

In June 2018, both houses of the Maine Legislature during the budget and veto sessions passed a bill to ban conversion therapy on minors, just before the Sine Die procedure.[16][17][18] The Governor of Maine Paul LePage vetoed the bill a month later in July 2018.[19] The Maine House of Representatives attempted to override the veto, by a vote of 79-61 but was sustained.[20] The bill died and will possibly be introduced in February 2019.

Summary of LGBT rights within Maine

Same-sex sexual activity legal (since 1977)
Equal age of consent (since 1977)
Anti-discrimination laws in all areas (since 2005 for sexual orientation and gender identity)
Same-sex marriages (since 2012)
Recognition of same-sex couples (e.g. domestic partnership) (since 2005)
Joint and step-child/partial adoption by same-sex couples
Right to change legal gender (legally requires sexual reassignment surgery)[21]
Access to IVF for lesbians
Commercial surrogacy for gay male couples
Conversion therapy banned on minors (bill vetoed)[22]
Legal recognition of gender diversity beyond the female/male binary (only on drivers licenses from July 1, 2019)[23]
MSMs allowed to donate blood (1 year deferral; federal policy)

See also

References

  1. ↑ "Maine Sodomy Law". Hrc.org. 2007-03-09. Retrieved 2013-11-02.
  2. ↑ https://www.nytimes.com/1997/03/28/us/maine-legislature-votes-to-ban-gay-marriages.html
  3. ↑ "Maine Marriage/Relationship Recognition Law". Hrc.org. 2009-11-04. Archived from the original on 2013-11-04. Retrieved 2013-11-02.
  4. ↑ 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
  5. ↑ Boston Globe: Jenna Russell, "Gay marriage law signed in Maine, advances in N.H.," May 6, 2009, accessed February 24, 2012
  6. ↑ Politico.com: Michael Falcone, "Maine vote repeals gay marriage law," November 4, 2009, accessed February 24, 2012
  7. ↑ CNN: "Maine rejects same-sex marriage law," November 4, 2009, accessed February 24, 2012
  8. ↑ Steve Mistler (January 26, 2012). "It's on: Same-sex marriage supporters give it another try". Lewiston Sun Journal.
  9. ↑ Edith Honan (November 7, 2012). "Maryland, Maine, Washington approve gay marriage". Reutersl.
  10. ↑ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
  11. ↑ "Maine Adoption Law". Hrc.org. 2009-12-09. Retrieved 2013-11-02.
  12. ↑ "Maine Non-Discrimination Law". Hrc.org. 2007-03-09. Retrieved 2013-11-02.
  13. ↑ "Maine Hate Crimes Law". Hrc.org. 2007-03-09. Retrieved 2013-11-02.
  14. ↑
  15. ↑
  16. ↑
  17. ↑
  18. ↑
  19. ↑
  20. ↑
  21. ↑
  22. ↑
  23. ↑
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