News
August 9, 2024
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
- LD 227 seeks to protect providers and patients from unwarranted out-of-state intrusion into medical decision making and ensures clinicians in Maine can continue to practice in line with the professional standards of care, governed by Maine law.
- LD 227 does NOT provide funding for reproductive health care or health care for transgender people. There is nothing related to funding in LD 227.
- LD 227 does NOT change current Maine laws with respect to minors and the care they can access.
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.