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Advocates Respond to U.S. Department of Justice Lawsuit Against State of Maine for Failures in Maine’s Children’s Behavioral Health System

The suit comes after more than two years of negotiations between the parties

Augusta – Today, the U.S. Department of Justice (DOJ) filed suit against the State of Maine based on its June 2022 findings that Maine discriminated against youth with disabilities by failing to maintain an adequate system of behavioral health services that prevent institutionalization. The lawsuit comes after settlement negotiations broke down.

“Twenty-five years after the landmark Supreme Court decision Olmstead v. L.C., which found that unnecessarily segregating people with disabilities into institutional settings violates the Americans with Disabilities Act, Maine children and their families are still waiting for a legally compliant behavioral health system. And despite calls for more than a decade to ensure the availability of those services, Maine has failed to do so. Unfortunately, this lawsuit was the necessary result of that continued failure,” said Atlee Reilly, Managing Attorney, Disability Rights Maine.

After initially receiving a complaint filed by Disability Rights Maine, the U.S. DOJ conducted a lengthy investigation and found:

  • “Maine’s community-based behavioral health system fails to provide sufficient services. As a result, hundreds of children are unnecessarily segregated in institutions each year, while other children are at serious risk of entering institutions.”
  • “Children are unable to access behavioral health services in their homes and communities—services that are part of an existing array of programs that the State advertises to families through its Medicaid program (MaineCare), but does not make available in a meaningful or timely manner.”
  • “Maine children with behavioral health needs are eligible and appropriate for the range of community-based services the State offers, but either remain in segregated settings or are at serious risk of institutionalization.”
  • “Families and children in Maine are overwhelmingly open to receiving services in integrated settings. In fact, parents indicated a strong preference that their children receive services at home due to trauma, neglect, and abuse that their children reportedly endured in residential facilities within and outside of Maine.”

Those findings should not have been a surprise to the State of Maine, which had been on clear notice of the widespread inadequacy of its community-based behavioral health system for children when a comprehensive assessment concluded, in 2018, that children’s behavioral health services were not available when needed, or not available at all. Two years later, a separate independent assessment of the juvenile justice system found that many youth are detained and incarcerated at Long Creek because they could not access appropriate community-based services for their behavioral and mental health needs.

What was true in 2018 remains true today- Maine continues to fail to ensure that children with disabilities have access to the community-based behavioral health services they need in their homes and communities. As a result, children with disabilities in Maine are unnecessarily institutionalized in residential facilities, including at Long Creek and in other residential facilities both inside and outside the state, severing their ties to family and community. This violates their right, under the Americans with Disabilities Act, to receive services in the most integrated settings appropriate to their needs.

“When kids can access treatment and support close to home, they can stay connected with their families and communities,” said ACLU of Maine Legal Director Carol Garvan. “Unfortunately, for far too long, Maine has not ensured these services. Since 2016, we have been working to address human rights violations at Long Creek, but not enough has been done. Maine must provide its kids the services they need to live healthy and safe lives.”

“Maine children with disabilities and their families deserve what the law requires, which is community-based behavioral health services. The failure to provide those services harms children, strains and fragments families, and ripples across communities. Maine can and must step up to meet its obligations with the services the law requires,” said Mary Bonauto, Senior Director at GLBTQ Legal Advocates & Defenders. 

As the U.S. DOJ indicated in its complaint,

  • “Maine can implement reasonable modifications so that children with behavioral health disabilities can live and thrive in integrated settings instead of entering institutions to access care.”
  • “But instead of modifying its service system to prevent and resolve unnecessary segregation, Maine has prioritized expanding its institutional services.”

Read the DOJ press release.

News

Shield law takes effect in Maine to protect against extremist attacks on reproductive, gender-affirming care

Maine joins 17 other states and Washington, D.C. in enacting proactive measure to protect providers, access to care

A new law takes effect today that seeks to shield Maine’s providers of reproductive care and health care for transgender people from attacks based on other states’ laws.

Maine joins at least 17 other states and Washington D.C. in enacting this type of law to protect medical experts who provide safe, legal, essential health care amidst a barrage of ongoing and increasing attacks on abortion and related care as well as medical care for transgender and non-binary people. 

LD 227 takes effect just months after the United States Supreme Court opined on two politically motivated cases that seek to restrict access to abortion care through medication abortion and emergency medical care respectively. The Court has agreed to hear a case next term on whether state bans on medical care for transgender adolescents violate the Equal Protection Clause of the U.S. Constitution. 

The Maine legislature passed LD 227 last spring after lawmakers endured bomb threats to their homes and the State House as well as rampant lies about abortion care, care for transgender people and Maine’s current laws. Sixteen Attorneys General from states that have banned abortion care, health care for transgender adolescents, or both also threatened the state of Maine as elected leaders considered the measure. Maine Attorney General Aaron Frey rejected that threat as ‘meritless.’ Governor Janet Mills signed the bill into law in April. 

LD 227 is consistent with Mills’ July 2022 executive order safeguarding providers and patients of reproductive care in the wake of the Dobbs Supreme Court ruling overturning Roe v. Wade. It also builds on legislation passed by Maine lawmakers in June 2023 that protects reproductive health care providers from adverse actions by malpractice insurers. 

Statement from Lisa Margulies, Esq., Vice President of Public Affairs, Planned Parenthood Maine Action Fund
“Maine continues to lead the nation in protecting safe, legal, essential health care from extremist attacks.

We are grateful to Maine lawmakers who endured threats of violence, abhorrent political rhetoric and rampant lies and moved to protect safe, legal, medical care in Maine. We thank Governor Mills for signing LD 227 into law. 

This law creates a new layer of protection against extremists who want to reach beyond their own borders and interfere with Maine’s laws. It means health care providers can continue to offer critical, lifesaving reproductive and gender-affirming medical care in our state, and people who need it can continue to receive this care here. 

But let’s be clear: people opposed to abortion and medical care for transgender and nonbinary people will not stop their assaults. The goal is total control over our bodies and our futures. We must remain vigilant and ensure our elected leaders will fight for our rights and freedoms.

LD 227, like all state laws, are subject to change or even repeal based on who represents us in Augusta. With every seat in the Maine legislature up for grabs in November, we urge Mainers to vote their values at the ballot box.” 

Statement from Polly Crozier, Director of Family Advocacy, GLBTQ Legal Advocates & Defenders 
“LD 227 ensures Maine law will govern health care in Maine, that health care decision-making can stay between patients, families, and their doctors, and that Maine providers who deliver vital care are protected. As politicians in more and more states seek to take away our ability to make important, private medical decisions for ourselves and our families, this law safeguards access to legal, standard-of-care health care. We are grateful to Maine legislators and Governor Mills for recognizing the importance of protecting dedicated health care practitioners and re-affirming the state’s commitment to reproductive freedom and equality for transgender Mainers.” 

Background 

  • Twenty-two states have enacted bans or near-total bans on abortion care.
  • At least 26 states have passed laws banning access to safe and effective medical care for transgender adolescents, and some have moved to restrict access to this care for adults. 
  • Every major medical association supports care for transgender and nonbinary people, and leading medical organizations including the American Medical Association and the American College of Obstetricians and Gynecologist oppose government interference with reproductive health care.

LD 227 – The Facts 

131st session legislative scorecard 
A scorecard outlining how every Maine lawmaker voted on key legislation on reproductive care and related policy during the 131st legislative session can be found here. 

Creating Juvenile Justice System Alternatives for Youth

LD1779, An Act to Prevent Youth Involvement in the Juvenile Justice System by Establishing a Strength-based, Discretionary Juvenile Needs Assessment Program, was enacted by the legislature but failed to receive needed funding. That bill would have created a paradigm shift for youth justice in Maine, shifting accountability from control and punishment to prevention. This bill would provide law enforcement discretion to refer young people in Maine to strengths-based needs assessments from the Department of Health and Human Services and pair the youth and their families with support and services rather than getting them involved with the criminal justice and carceral systems. The passage of LD1779, sponsored by Rep. Grayson Lookner, was a significant victory in attempts to reform Maine’s juvenile justice system and a new bill is sure to return to a new Legislature in advocacy led by Maine Youth Justice.

Title IX | National

In April of 2024, the U.S. Department of Education released a final rule that affirms that Title IX prohibits discrimination on the basis of sexual orientation, transgender status, and other sex-based characteristics and stereotypes.

This is a clear statement that federal law protects LGBTQ+ students from discrimination in public schools and that the Office of Civil Rights will investigate complaints.

The rule also reinstates broad protections and remedies for students who experience sex-based harassment, removing onerous complaint resolution procedures instituted by the prior administration, and providing much-needed updates regarding the rights of pregnant and parenting students.

Q&A

What does this new rule mean for my school?

The federal Department of Education has instructed all schools that receive federal funding to update or adopt policies that comply with these Title IX regulations.

When must my school/university implement the new Title IX regulations?

New Title IX regulations must be adopted by August 1, 2024

Who is better protected by the new regulations?

The final regulations provide greater clarity regarding: the definition of “sex-based harassment”; the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; and schools’ obligations to provide an educational environment free from discrimination on the basis of sex (including LGBTQ+ students).

Does Title IX protect me as an LGBTQ+ student?

Yes! The rule prohibits discrimination and harassment based on sexual orientation, gender identity, and sex characteristics in federally funded education programs. The rule applies the reasoning of the Supreme Court’s ruling in Bostock v. Clayton County that discrimination on the basis of sexual orientation or transgender status is discrimination because of sex.

This means that schools must protect LGBTQ students from harassment and discrimination and cannot treat LGBTQ students differently from other students, including in sex-separated facilities – like access to bathrooms and locker rooms – and school programs.

Does the ruling say anything about transgender athletes?

The final regulations do not include specific language about sports.

However, several courts have said that banning all transgender girls from playing on girls’ sports teams or all transgender boys from playing on boys’ sports teams violates Title IX.

Are there exceptions to what Title IX covers?

Yes, there are some exceptions.

However, no one can be denied the benefits of the new regulations from educational institutions receiving federal financial assistance.

You can find further information regarding exemptions here.

State Laws and How to Get Help

  • It is important to note that in New England state laws also provide protections, sometimes greater than those at the federal level, and are often the first place to start when looking for support
    • You can find state-specific resources for dealing with bullying and harassment due to LGBTQ+ status or perceived status at schools here
  • If you have exhausted state-based resources or want to learn more about your rights under Title IX, you can find Title IX-specific information and resources here as well as the US Department of Education’s 2024 Ruling Fact Sheet here, where much of the information above has been pulled from
  • If you need more information or have questions about what to do if you or your child is experiencing discrimination, bullying, or harassment at school, contact GLAD Answers

A Note About Lawsuits Challenging the New Title IX Regulations

Some states that have passed anti-LGBTQ laws in recent years are currently challenging the new Title IX regulations in court.  However, no court rulings have yet been issued. Schools should be prepared to implement the new regulations by August 1, 2024.

Pride at School | National

Public schools have a responsibility to support and provide a positive environment for all students.

One way that they do this is by displaying support for LGBTQ+ students through Pride symbols and flags.

Public school administrators are legally required to provide the same rights to all students and student clubs under the Equal Access Act. So, for example, if the school allows students from other clubs to hang flags or banners, the school has a legal responsibility to allow their GSA (Gender and Sexuality Alliance) to do the same.

At schools, school officials are able to create guidelines around displaying supportive flags and symbols. Just because they display supportive imagery does not mean that they also need to display offensive imagery if requested to do so. Schools do not need to worry about being forced to put up offensive banners, decorations, or other imagery.

This means schools can fly flags like the Black Lives Matter or Transgender Pride flags to show support for their students. Schools do NOT have to take down these flags, even if someone requests it as a hostile symbol.

What can schools do?

  • Keep up existing inclusive flags, signs, and posters.
  • Have school faculty meetings where school employees propose new inclusive displays.
  • Put up new inclusive displays to show support for their students.
  • Provide all student clubs with the same resources.

What should schools not do?

  • Schools should not create programs that allow private individuals to propose flag suggestions.
  • Schools should not let non-school employees put up displays.
  • Schools cannot allow only some groups of students to have clubs and exclude others.

College | National

Every student is entitled to equal educational opportunities and an environment that supports them. They also deserve to show up as and express their authentic selves, which includes having their proper name and pronouns used in classroom and administrative settings. For LGBTQ+ college students, this can prove difficult as there are no overarching policies or laws regarding name and pronoun usage at universities. Public universities often have more protections for LGBTQ+ students whereas private and religious educational institutions may follow different policies. Below you can find some information on best practices and ideas on how to best approach the subject with staff, professors, and administration. The links and resources provided were not compiled by GLAD and have not been vetted by GLAD.

Applying to LGBTQ+ Friendly Universities

Name & Pronoun Use and the Common App

Due to the Common App (a platform that allows students to use one college application to apply to several universities) asking students for their (preferred) names and pronouns, as of January 2022 over 900 universities across the US now have the ability to integrate the use of those names and pronouns, and over 200 universities directly use this information in their campus information systems.

Here you can find a list from August 2023 of The Best Colleges for LGBTQ+ Students in the US. You can also use the Campus Pride Index.

Pronoun and Name Usage on Campus

Professors using your correct name and pronouns:

All students deserve to be treated with respect. One way professors can be respectful is by asking for and using students’ correct name and pronouns (even if they differ from what’s on the students’ records).

If you are being named incorrectly and misgendered here are some steps you can take to advocate for yourself:

  • Bring it up to the person misgendering or misnaming you. They may not be aware that they are doing so and might be able/willing to easily change this.
  • Share resources. You can find GLSEN’s Pronouns Guide here.
  • Start a conversation on campus and advocate for campus-wide change. Connect with Campus Pride to take their trainings and use their LGBTQ+ advocacy resources.
  • Go to the Title IX Office. Persistent, intentional misgendering is also something you can raise with the Title IX Office at your university.

Updating your preferred name and pronouns with the registrar’s office:

Some universities now give students the ability to update their name and pronoun information at the registrars’ office so as to not out trans students to their professors and other campus staff. Check out this example of a policy to update for preferred (not legal) names and pronouns from Berklee College of Music.

If your school does not have such a policy and/or is refusing to allow you to update your name and pronouns through the registrar’s office, you may be able to make a Title IX complaint. Title IX protects LGBTQ+ students from discrimination based on sexual orientation and gender identity. Read more about Title IX here.

Because of FERPA protections, if you are over 18, by law you are able to update your name and pronouns at your college without that information being shared with your parents, guardians, spouse, or financial benefactors.

Advocating for correct name and pronoun usage on campus:

Campus Pride has great advocacy trainings and resources for students.

University Policies, Best Practices, Etc.

Guides for universities looking to update their practices

Below, university administration, professors, and staff can find guides on supporting LGBTQ+ students in higher education:

GLAD Answers

If you’ve followed these steps and the situation has not resolved or is getting worse, please reach out to GLAD Answers. Complete the online intake form at GLADAnswers.org, email GLADAnswers@glad.org, or leave a voicemail at 800-455-GLAD.

News

Advocates praise passage, signing of shield law that will protect Maine providers of reproductive care and care for transgender people from out-of-state attacks 

Maine joins more than a dozen states in enacting protections as Biden administration announces similar protections for abortion patients under federal patient privacy law 

(Portland, MAINE) – Governor Janet Mills has signed into law a bill that will protect Maine’s providers of reproductive care and care for transgender people from out-of-state attacks. The measure, LD 227, was approved by the legislature on April 12 and will take effect in mid-July. 

Lawmakers heard from numerous Mainers and care providers who advocated for the measure in March. In the days following that public hearing, legislators faced physical and political threats along with rampant disinformation. In addition, attorneys general from 16 red states threatened legal action if Maine’s legislature continued working on the bill. As Maine Attorney General Aaron Frey stated, the bill “simply protect[s] providers of legally protected reproductive and gender-affirming health care provided in Maine from interference or retaliation from states with different policies.”   

To date, 21 states across the country have enacted bans or near total bans on abortion. At least 24 states have banned access to safe and effective medical care for transgender adolescents, and some have moved to restrict access to care for transgender adults. 

Mills’ signing came on the same day the Biden administration announced a new federal rule—in line with LD 227—that shields abortion patients’ medical records from being disclosed to law enforcement if the procedure is received in a state where it is legal or protected by federal law. The Biden administration’s rule is based on the Health Insurance Portability and Accountability Act (HIPAA). 

LD 227 passed on April 12 and was signed into law by Governor Mills on April 22. Rhode Island followed suit and Governor McKee signed a Health Care Shield bill into law in June.

LD 227 is consistent with Governor Janet Mills’ July 2022 executive order safeguarding providers and patients of reproductive care in the wake of the Dobbs Supreme Court ruling overturning Roe v. Wade. It also builds on legislation passed by Maine lawmakers in June 2023 that protects reproductive health care providers from adverse actions by malpractice insurers. 

Statement from Lisa Margulies, Esq., Vice President of Public Affairs, Planned Parenthood Maine Action Fund 

“We applaud every lawmaker who stood up for the medical providers, patients and people of Maine and voted for this bill. We thank Governor Mills for her commitment to ensuring Mainers can safely access essential medical care and protecting our providers from hostile attacks. 

Our state sends a clear message with LD 227: Maine remains a safe harbor for sexual and reproductive health care, for providers and the patients they serve. Extremists opposed to safe, legal medical care will not stop their assault on our rights, but we will not be intimidated by their attacks.  

Clinicians deserve to serve their patients without fear of persecution by out-of-state politicians wholly unqualified to weigh in on personal medical decisions. Patients deserve access to health care that is safe and legal in our state. LD 227 protects our health care infrastructure from extremist attempts to take away our rights and freedoms.” 

Statement from Polly Crozier, Director of Family Advocacy, GLBTQ Legal Advocates & Defenders (GLAD) 

“As politicians in more and more states seek to take away our ability to make important, private medical decisions for ourselves and our families, we must do all we can to ensure vital, standard-of-care health care remains legal and accessible. LD 227 will secure access to reproductive health care and essential health care for transgender people and will protect the dedicated practitioners who provide it in Maine.” 

Statement from Mary Bonauto, Senior Director of Civil Rights and Legal Strategies, GLBTQ Legal Advocates & Defenders  

“We’re grateful to Governor Mills, to lead sponsors Representative Anne Perry and Senator Donna Bailey, and to all the legislators who focused on the need to protect our health care providers in Maine and who persisted despite the disinformation and intimidation used to try to stop this critical legislation. LD 227 ensures Maine law will govern health care in Maine and that Maine providers who provide that care are protected.  This law affirms once again the State’s commitment to reproductive freedom and equality for transgender Mainers.” 

Statement from Gia Drew, Executive Director, EqualityMaine 

“We are thrilled to see LD 227, the shield bill, be signed into law by Governor Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40% of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Statement from Cait Vaughan, Interim Executive Director, Grandmothers for Reproductive Rights (GRR!) 

“As an organization of older women who have invested 50+ years into advancing respect for bodily autonomy, GRR! is thrilled to learn from and work alongside transgender leaders to expand everyone’s understanding of this fundamental democratic principle. LD 227 becoming law makes us proud of Maine’s commitment to protecting health care access for all.” 

Statement from Aspen Ruhlin, Community Engagement Manager, Mabel Wadsworth Center 

“With the passing and signing of LD 227, Maine has unequivocally declared that both patients and providers of gender-affirming care and abortion care deserve protection. This bill will help assure not only access to care for both Mainers and those visiting, but medical privacy as well. The opposition to this bill was loud, but nowhere near as loud as truth, compassion, and care.” 

Statement from George A. Hill, President and CEO, Maine Family Planning 

“With gender-affirming and reproductive care under attack across the country, ensuring that individuals have the fundamental right to make informed medical choices in collaboration with trusted providers is crucial. We’re grateful to the Legislature and Governor Mills for recognizing that Maine must protect access to the high-quality, medically necessary care we and other healthcare organizations provide our patients.” 
 

Statement from Bre Danvers-Kidman, MaineTransNet 

“While the hateful rhetoric and terrorist tactics leading up to the votes point to a worrisome trend in political discourse, we are heartened by the votes to pass LD 227. Maine healthcare providers can now be assured that it is safe for them to provide evidence-based, life-saving care without fear of criminalization by the overreaching hands of out-of-state politicians. Similarly, patients seeking care in Maine can now be assured that it is safe to access the healthcare they need. The Governor and the majority of Maine lawmakers have demonstrated exceptional fortitude in the face of truly reprehensible behavior, and our state is better for it. The message is clear: Maine won’t let far-right extremism, outlandish misinformation, or even domestic terrorism stand in the way of ensuring all patients can safely access the best healthcare available here.” 

Statement from Destie Hohman Sprague, Maine Women’s Lobby 

“A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.” 

Statement from Abbie Strout-Bentes, Executive Director, Safe Abortions for Everyone (SAFE) 

“We are currently witnessing unprecedented attacks on gender-affirming care and abortion access across the country. However, we are fortunate to live in Maine, where leaders continue to see through lies and fear tactics. Today, we thank Maine’s lawmakers and advocates as Governor Mills signs LD 227, another critical bill to protect and ensure access to gender-affirming and reproductive health care.” 

News

GLAD and Planned Parenthood statements on LD 227 passing final enactment

Statement from Lisa Margulies, Esq., Vice President of Public Affairs, Planned Parenthood Maine Action Fund on the final vote to enact LD 227

“Thank you to the lawmakers who have, once again, said loudly and clearly: We will protect Maine’s healthcare providers from attacks. LD 227 is a bill that will ensure our state’s providers of essential, lifesaving reproductive care and care for transgender people can continue to practice safe, legal medical care in Maine without fear of hostile actions stemming from other states’ laws.

We are grateful and proud of all of the lawmakers in the legislature who endured threats of violence, abhorrent political rhetoric and rampant disinformation to stand and vote to protect safe, legal, medical care in Maine.”

Statement from Polly Crozier, Director of Family Advocacy, GLBTQ Legal Advocates & Defenders (GLAD) on the final vote to enact LD 227

“Today the Maine legislature stood up for the principle that Maine law should govern health care in Maine. Mainers understand the importance of keeping health care decisions between individuals, families, and doctors – not politicians. LD 227 will ensure reproductive health care and essential health care for transgender people remain accessible in the state and that Maine’s dedicated health care providers are not penalized by the overreach of hostile laws from out of state. We are grateful to the bill’s lead sponsors, Senator Donna Bailey and Representative Anne Perry, to every member of the House and the Senate who showed up, spoke out, worked diligently to ensure this bill moved forward and voted for final enactment.”

News

GLAD and Planned Parenthood statements on Maine Senate vote to advance LD 227

Statement from Lisa Margulies, Esq., Vice President of Public Affairs, Planned Parenthood Maine Action Fund on the Maine State Senate’s vote to advance LD 227

“Thank you to the elected leaders in the Senate voted to protect Maine providers. Today is another proud day for Mainers. Twenty-one senators have voted to advance this bill that, at its core, is meant to protect Maine providers from hostile attacks and allow them to continue to practice essential, lifesaving medicine in our state without fear.

Extremists will continue to spread lies and hateful rhetoric about reproductive health care and care for transgender people, but today’s vote made clear that a majority of our elected leaders in the Maine State Senate will focus on the facts and act with compassion and urgency to meet our current moment with policy that is necessary and appropriate.”

Statement from Polly Crozier, Director of Family Advocacy, GLBTQ Legal Advocates & Defenders (GLAD) on the Maine State Senate’s vote to advance LD 227

“LD 227 is a straightforward bill that will protect Maine’s dedicated health care providers and safeguard access to essential reproductive health care and health care for transgender people in Maine. We are grateful to Senator Donna Bailey for her leadership and to each of the Senators who voted today to move this important bill forward.”

Learn more about LD227

News

Maine House advances bill to shield providers from out-of-state attacks 

LD 227 will safeguard Maine clinicians from government overreach stemming from states that have banned reproductive care or care for transgender people 

(Portland, MAINE) – In the wake of bomb threats, political attacks, and lies spread by lawmakers opposed to the measure, a majority of Maine House lawmakers today voted to advance a bill that will safeguard providers of reproductive care and care for transgender people from hostile attacks based on laws in other states.  

Eighty elected leaders voted to pass LD 227, An Act Regarding Health Care in the State, sponsored by Rep. Anne Perry (D-Calais), and 70 cast votes in opposition to the measure, which has the support of Maine Chapter of the American Academy of Pediatrics, Maine Medical Association and Maine Psychological Association, among others. 

This bill aims to ensure Maine’s health care providers aren’t penalized under the laws of other states that have banned access to established, standard-of-care transgender health care and reproductive care and to ensure patients can continue to receive quality, legal, essential medical care in Maine. 

To date, 21 states across the country have enacted bans or near total bans on abortion. Twenty-four states have banned access to safe and effective medical care for transgender adolescents and some have moved to restrict access to care for transgender adults.  

LD 227 is consistent with Governor Janet Mills’ July 2022 executive order safeguarding providers and patients of reproductive care in the wake of the Dobbs Supreme Court ruling overturning Roe v. Wade. It also builds on legislation passed by Maine lawmakers in June 2023 that protects reproductive health care providers from adverse actions by malpractice insurers. 

Statement from Lisa Margulies, Esq., Vice President of Public Affairs, Planned Parenthood Maine Action Fund and Planned Parenthood of Northern New England 

 “Maine is one step closer to protecting our providers of essential medical care from hostile attacks by out-of-state extremists. We applaud the 80 elected leaders who voted to advance LD 227 in the face of vile rhetoric and lies, political posturing and threats of violence. 

Thankfully, reproductive care and care for transgender people remains legal in Maine. LD 227 is a necessary response to a tumultuous national landscape in which practitioners of essential and lifesaving care are under attack. 

This bill is about ensuring our providers of reproductive care and care for transgender people can offer safe, legal medical care in Maine without fear of government overreach from other states.”

Statement from Polly Crozier, Director of Family Advocacy, GLBTQ Legal Advocates & Defenders (GLAD) 

“We’re grateful to Representative Perry for championing this important bill in the House, and to the 80 Representatives who understood that LD 227 will protect access to essential, standard-of-care health care and the Maine practitioners and providers who deliver it. We look forward to working next with the Senate and hope to see LD 227 advance to safeguard Maine’s health care infrastructure from hostile laws passed for political, not medical, purposes in other states.” 

Learn more about LD227

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