maine trans tourism bill

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Maine legislative panel rejects transgender tourism proposal.

Last year, Maine Gov. Janet Mills signed into law a "first of its kind in the nation" bill allowing access to gender-affirming care without parental consent or notification for 16- and 17-year-olds.

Published: January 29, 2024 11:00pm

(The Center Square) — Maine lawmakers have rejected a proposal that would have allowed minors from other states banning gender change procedures from accessing them in the state and shielding medical professionals who perform those services.

The proposal, filed by a group of Democrats, would have prohibited Maine from cooperating with law enforcement from states that have banned gender-affirming care who are investigating people who seek treatment in Maine. But on Thursday, the Legislature's Judiciary Committee rejected the bill, with Republicans and a handful of Democrats voting not to advance the plan.

Republicans had pushed back hard against the proposal, which was blasted by conservative blogs for promoting "trans tourism" and defying the will of parents who objected to their children seeking the procedure.

"This bill authorizes the kidnapping and massacring of children from other states without parental consent," state Rep. David Haggan, R-Hampden, one of the proposal's chief critics, said in a statement. "We should take a compassionate stand in favor of our children's physical and mental health by defeating this bill without delay."

Another critic, Rep. Katrina Smith, R-Palmero, called it a "horrible" bill "in light of facts emerging about the physical consequences and deep regret of children involved in gender transitioning."

"The state should never place itself above a loving parent and irreparably destroy the reproduction health of a minor child in the face of another state's court order," Smith said in a statement.

Supporters of the measure, which include the Maine Psychological Association and the National Association of Social Workers, argued that the protections are needed to shield patients and medical professionals who perform gender-affirming care from prosecution by other states.

"Despite the medical consensus, there is a coordinated national attack on gender-affirming care, turning what should be private medical decisions involving a parent, their family and their doctors into a political football used to divide communities," the bill's primary sponsor, Rep. Laurie Osher, D-Orono, said in recent testimony.

Danae Kershner of the American Academy of Medical Ethics said in testimony opposing the bill that the adolescent brain isn't developed enough for the "mammoth decision" of gender reassignment. She said the procedure shouldn't be considered without "extensive counseling and clear informed consent" about the "medical and surgical risks involved in both chemical and surgical gender transition."

Kershner said the bill would promote "inappropriate medical treatment for this vulnerable population" and label parents who object to the changes as "child abusers."

"It would allow the state to remove children from their protective homes and families," she wrote. "In addition, it would provide sanctuary for physicians who have violated laws in other states regarding gender transition to minors It would inhibit cooperation with investigation or extradition of these medical violators, and handcuff the courts from intervening in child abduction for the purposes of gender reassignment."

If approved, Maine would have joined several states that have enacted similar bills — often dubbed "trans tourism" by critics — including Colorado, Minnesota and Washington state, according to the National Conference of State Legislatures.

Last year, Maine Gov. Janet Mills signed into law a "first of its kind in the nation" bill allowing access to gender-affirming care without parental consent or notification for 16- and 17-year-olds.

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• Legal Issues

House representatives look up to see how their colleagues voted on a heating assistance package, Jan. 4, 2023, at the State House in Augusta, Maine. (AP)

Maine bill doesn’t allow state to take trans kids, it affects custody jurisdiction

If your time is short.

A Maine bill, Legislative Document 1735, proposes changing a law that dictates which state has jurisdiction to hear a child custody case. The bill expands the list of reasons a court could take "emergency jurisdiction" to include when a minor is seeking gender-affirming care. 

Taking court jurisdiction is not the same as taking custody. This bill allows a Maine court to issue temporary orders in custody disputes between parents. It does not allow the government to take children away from parents because they do not support gender-affirming medical care. 

Here’s how PolitiFact chooses which statements to fact-check.

When you think of Maine, you may think of lobster and cold beaches — not the state coming to take away kids. That is, until several conservative groups began posting warnings on X that a bill being considered in the state Legislature could do just that.

On Jan. 16, the conservative X account Libs of TikTok wrote, "BREAKING: New proposed bill in Maine says the state can take custody of a kid if the parents oppose s*x change surgery and the chemical castration of their kids," followed by the email addresses of several state legislators. The post got a "!!" reaction from X owner, Elon Musk.  

Other conservative and anti-LGBTQ+ groups including Gays Against Groomers and Moms for Liberty shared similar posts about the Maine bill. 

But is the Maine Legislature really trying to pass a bill that would let the state take kids away from their parents and into government custody if the parents don’t consent to those kids accessing gender-affirming medical care? No. The reality is much less dramatic — the bill pertains to interstate child custody jurisdiction law, or which court in which state can hear a case. 

(Screenshot of post on X)

We have covered this topic before, when changes to similar state laws were proposed in Florida and California . In both cases, people confused the concept of taking "jurisdiction" with taking "custody." 

 Maine’s House Judiciary committee is scheduled to consider the bill Jan. 25.

Libs of TikTok did not respond to a request for comment. 

The Libs of TikTok post included a screenshot of the bill summary for Legislative Document 1735 (L.D. 1735), titled, "An Act to Safeguard Gender-affirming Health Care." The legislation was introduced last session on April 20, 2023, but was carried over into 2024. 

The bill’s text is very similar to the bill introduced and passed in California that aimed to turn the state into a " sanctuary " state for gender-affirming care in response to bans passed in 23 states . The Associated Press reported in 2022 that lawmakers in 19 states, including Maine, planned to file similar "trans refuge" bills . 

Gender-affirming care is an individualized approach to health care that supports transgender and nonbinary people’s gender identity and it can go beyond medical interventions. For the small population of transgender youth, this mainly involves support through social transition, puberty blockers and hormones as children become adolescents. Gender-affirming surgery is rarely performed on minors.

L.D. 1735 proposes changes that address how the medical system would respond to civil and criminal subpoenas if another state’s law criminalized gender-affirming care. But the section of the bill the viral X post highlighted relates to child custody law, and how states decide what court will hear a case.

The Maine bill would alter the Uniform Child Custody Jurisdiction and Enforcement Act , a section of the law that outlines how different states determine who is authorized to make a child custody decision. 

Featured Fact-check

The Uniform Law Commission, a nonprofit organization working for the uniformity of state laws, drafted the act in 1997. Every state except Massachusetts has adopted it.

The act assigns a "home state" to children involved in custody orders and aims to prevent states from having competing custody orders. Home states are typically where the parents divorced, where the first custody order was issued or where the child lived for six months before a custody proceeding. 

That "home state" remains in charge of the case unless another home state is legally established. Generally, if parents want to modify custody orders, they must do so in the child’s home state. 

Maine, like the other states with this uniform law , has a caveat to account for extreme circumstances . In instances of abandonment, mistreatment or abuse, the law says a state other than a child’s home state can claim "temporary emergency jurisdiction," and have short-term authority to make custody decisions.

L.D. 1735 would amend that portion of the law to outline another qualifying emergency circumstance: situations in which a parent — or person acting as a parent or guardian — and child come to Maine aiming to receive gender-affirming care.

The post conflates the legal meaning of "jurisdiction" and "custody." 

"These are separate and completely distinct notions," Joe Lewis, a family law attorney in Portland, Maine, said in an email. 

Jurisdiction refers to which court has the authority to hear a case. L.D. 1735 would allow a court to take temporary jurisdiction over the legal case, not custody of the child.

"As I read the proposed language, there is nothing in (the bill) that would permit the state to take custody of a child as a function of that child's gender-affirming care, needs, or desires," Lewis said.

The Uniform Child Custody Jurisdiction and Enforcement Act applies to custody disputes between parents, and L.D. 1735 does not propose changing the section of state law that outlines circumstances in which a state can take custody of a child. 

The powers a court can exercise under temporary emergency jurisdiction are narrow, experts said. Only custody agreements that originated outside of Maine are subject to temporary emergency jurisdiction — and only for a court-specified period, not forever. The other parent is entitled to know about the court proceedings and the outcome. 

If a Maine court takes emergency jurisdiction, the law states it must contact the home state court to "resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order." 

If a parent with a valid custody order files a motion in the home state, that home state jurisdiction trumps Maine’s. The bill does not alter the underlying principle that a home state order must be recognized and enforced in Maine. 

If the child has no "home state" or existing custody order, a temporary custody order could last longer, experts said. 

Libs of TikTok said a "new proposed bill in Maine says the state can take custody of a kid if the parents oppose" gender-affirming care. 

That’s not right. A bill filed in Maine’s Legislature relates to how jurisdiction in interstate child custody proceedings is determined; it does not change child welfare law or enable the state to take children away from parents and into government custody for not affirming the children’s gender identity or denying the children gender-affirming medical care. The bill would alter "temporary emergency jurisdiction," which grants courts temporary control over custody cases, not the children themselves. A valid custody order from the child’s home state would supersede a temporary order. The claim that Maine’s L.D. 1735 would let the state take custody of a child if the parents oppose gender-affirming care conflates "jurisdiction" with "custody." We rate this claim False.

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The Principles of the Truth-O-Meter

Our Sources

Interview with Joe Lewis, attorney at Port City Legal, Jan 22, 2024

Interview with Patience Crozier, family advocacy director at LGBTQ Legal Advocates & Defenders, Jan 23, 2024

PolitiFact, " No, Florida can’t ‘kidnap’ trans kids under proposed law, but it does affect custody disputes ," May 4, 2023

PolitiFact, " Ron DeSantis’ claim that trans kids can flee to CA and get care without their parents gets it wrong ," Dec. 11, 2023

PolitiFact, " New California law on transgender youths doesn’t remove a parent’s custody ," Oct. 10, 2022

Post ( archived ), Jan 16, 2024

Post ( archived ), Jan 15, 2024

LegiScan, " Maine House Bill 1735 text ," accessed Jan 22, 2024

LegiScan, " Maine House Bill 1735 Summary ," accessed Jan 22, 2024

California Legislative Information, " SB 107 ," Oct. 3, 2022

Them, " California is officially the first sanctuary state for trans youth ," Sept. 30, 2022

Human Rights Campaign, " Map: attacks on gender-affirming care by state ," Nov. 13, 2023

Associated Press, " Lawmakers in 19 states want legal refuge for trans youth ," May 3, 2022

LGBTQ+ Victory Institute, " LGBTQ lawmakers in 16 states to introduce trans refuge state laws; will shield trans kids from penalties when seeking gender-affirming care ," May 3, 2022

Maine Revised Statutes, " Title 19-A, Chapter 58: Uniform Child Custody Jurisdiction and Enforcement Act ," accessed Jan 22, 2024

Uniform Law Commission, " Child Custody Jurisdiction and Enforcement Act ," accessed Dec. 11, 2023

U.S. Department of Justice, " The Uniform Child-Custody Jurisdiction and Enforcement Act ," December 2001

National Council of Juvenile and Family Court Judges, " Uniform Child Custody Jurisdiction and Enforcement Act Guide for Court Personnel and Judges ," 2018

Fox News, " Some New Hampshire residents worried as Maine considers 'trans tourism' bill for children ," June 3, 2023

WGME, " Navigating custody battles in the state of Maine and beyond ," July 12, 2023

Maine Revised Statutes, " Title 19-A, §1748: Temporary emergency jurisdiction ," accessed Jan 22, 2024

Port City Legal, " Home page ," accessed Jan 23, 2024

GLAD, " Letter to Judiciary on LD 1735 ," May 12, 2023

Movement Advancement Project, " Bans on best practice medical care for transgender youth ," Jan. 14, 2024

PolitiFact, " Pence's point on gender-affirming care for minors ignores parental consent rules for tattoos ," June 14, 2023

Centers for Disease Control and Prevention, " Terminology ," Dec. 23, 2022

PolitiFact, " Is all gender-affirming care for children ‘experimental’? Experts say no ," Jan. 17, 2023

PolitiFact, " How many trans people are there in the U.S., and why do we overestimate it? ," July 13, 2023

PolitiFact, " Transition-related surgery limited to teens, not ‘young kids.’ Even then, it's rare ," Aug. 10, 2022

PolitiFact, " Why Ron DeSantis’ claim that Sweden ‘shut down’ gender-affirming surgical care is Half True ," Dec. 18, 2023

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Maine may allow out-of-state children to receive gender change procedures: 'Trans tourism'

by RAY LEWIS | The National Desk

AUGUSTA, Maine (TND) — The Maine House of Representatives is holding a hearing Thursday for a bill allowing minors from states banning gender change procedures to access them in Maine.

The "Act to Safeguard Gender-affirming Health Care" prohibits Maine from abiding by other states’ approaches. Under the legislation, Maine courts can take “temporary jurisdiction” in a child’s case if they are unable to obtain other assistance.

“A court of this state has temporary emergency jurisdiction if the child ... has been abandoned or it is necessary in an emergency to protect the child because ... the child is subjected to or threatened with mistreatment or abuse or because the child has been unable to obtain gender-affirming health care,” the bill reads.

The proposed law would also forbid law enforcement from arresting or extraditing transgender patients. Police would be unable to cooperate with other states’ agencies to provide information concerning gender change procedures given to a patient.

Out-of-state arrest warrants for travelers seeking such procedures are deemed the “lowest law enforcement priority” under the legislation.

READ MORE | New Hampshire residents sound alarm over Maine 'trans tourism' bill for children

The bill also states courts cannot refuse cases regarding interstate transgender patients or consider suits against temporary guardians. Clerks would also be banned from issuing subpoenas for such patients.

A representative from the Maine Center for Economic Policy believes the bill would "promote the economic security and wellbeing of all of us," whereas State Rep. David Haggan, R-Hampden, calls it a "horrible" approach.

“This bill authorizes the kidnapping and massacring of children from other states without parental consent,” State Rep. Haggan claimed last week.

State Rep. Katrina Smith, R-Palermo, agrees, saying Maine should not act as a parental figure for minors.

“I am shocked the committee doesn’t just kill this bill in light of the facts emerging about the physical consequences and deep regret of children involved in gender transitioning,” State Rep. Smith remarked. “The state should never place itself above a loving parent and irreparably destroy the reproduction health of a minor child in the face of another state’s court order.”

READ MORE | Maine gender dysphoria diagnoses rose 135% from 2018-22, report shows

State Rep. Haggan instead advocates for a more sympathetic attitude toward transgender children’s health.

“We should take a compassionate stand in favor of our children’s physical and mental health today by defeating this bill without delay,” State Rep. Haggan said.

Several states have already enacted similar legislation, including Colorado, Minnesota and Washington State. Such bills are often dubbed "trans tourism" legislation by critics.

New Hampshire residents sound alarm over Maine 'trans tourism' bill for children

by JULIAN BARON | The National Desk

AUGUSTA, Maine (TND) — Some New Hampshire residents are concerned a bill being considered by the Maine Legislature would allow children to travel to Maine and receive sex change therapies without parental consent.

The bill, dubbed LD 1735 , would authorize Maine courts to "take temporary emergency jurisdiction" over children who have "been unable to obtain gender-affirming health care." The bill would also shield Maine healthcare providers from out-of-state subpoenas and court actions in the event they provide such services to children.

A drove of New Hampshire residents testified against the bill during a public hearing earlier this month. Many argue that New Hampshire, which borders Maine to the west, would be directly impacted by the bill's passage, as New Hampshire children would relatively easily be able to enter Maine to receive gender-related treatments.

Your bill puts in danger children from NH by way of the absolute madness of so-called 'gender-affirming care.' Your contemplated legalized genital butchery of your minors is your perverted business, but disfigurement and permanent genital and psychological damage of NH children is not your province," Daniel Richardson of Nashua, N.H., wrote.

If LD 1735 passes, Maine would join a growing list of states to approve "trans tourism" laws, as they are often dubbed on social media. The American Principles Project (APP) put out an advisory for families last week warning of the risks of traveling to California and Minnesota, both of which have passed such laws. Colorado passed a similar "transgender tourism" bill earlier this year, though the Colorado law requires parental consent for any treatments to be provided.

Parents will do anything to protect our children. To lose your child and be powerless to prevent harm from coming to them would be any parent’s worst nightmare. Yet today, families traveling to California or Minnesota could be at risk for that awful scenario actually playing out — losing custody of their kids to an industry that aims to sterilize and mutilate their bodies," APP President Terry Schilling said in a statement.

LD 1735 is yet to make it out of committee. The Maine legislative session ends on June 21, 2023.

Despite resistance from New Hampshire and Maine residents, several Maine-based organizations have come out in support of the bill, including the Maine Psychological Association. A representative from the Maine Center for Economic Policy claimed the bill would "promote the economic security and wellbeing of all of us," adding that because "younger people" are more likely to identify as transgender, the bill would "likely" attract such people to Maine.

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N.H. Residents Fear Maine “Trans Sanctuary” Bill Will Harm Granite State Kids: WGME

New Hampshire parents are concerned that a controversial proposal under consideration in Augusta will disproportionately impact Granite State children, WGME reported on Wednesday.

That’s because the bill would allow Maine to take emergency jurisdiction over minors who cross the border for sex-change procedures.

The bill, LD 1735 , was sponsored by Rep. Laurie Osher (D-Orono), who said she asked State House staffers to model the legislation on a similar bill that passed in California.

If passed, the bill would prevent Maine law enforcement from cooperating with police from another state to return a minor who has travelled to Maine to get sex-change related treatments they have been unable to obtain in their home state.

The provisions would apply even in cases when the minor was brought to Maine by someone who is not a relative, leading conservative opponents of the bill to label it a “transgender trafficking bill.”

[RELATED: Maine Could Become Sanctuary for Out-of-State Minors Seeking Sex Changes…]

Osher has said she intended the law to provide “sanctuary” for children who live in red states where legislatures have recently prohibited doctors from performing sex-change surgeries on children or giving hormones to children.

But residents of nearby New Hampshire testified that they are concerned how Maine’s potential new law will impact their children.

From WGME :

A drove of New Hampshire residents testified against the bill during a public hearing earlier this month. Many argue that New Hampshire, which borders Maine to the west, would be directly impacted by the bill’s passage, as New Hampshire children would relatively easily be able to enter Maine to receive gender-related treatments. “Your bill puts in danger children from NH by way of the absolute madness of so-called ‘gender-affirming care.’ Your contemplated legalized genital butchery of your minors is your perverted business, but disfigurement and permanent genital and psychological damage of NH children is not your province,” Daniel Richardson of Nashua, N.H., wrote. If LD 1735 passes, Maine would join a growing list of states to approve “trans tourism” laws, as they are often  dubbed  on social media. The American Principles Project (APP) put out an advisory for families last week warning of the risks of traveling to California and Minnesota, both of which have passed such laws. Colorado passed a similar “transgender tourism” bill earlier this year, though the Colorado law  requires  parental consent for any treatments to be provided.

Despite Granite Staters’ concerns about the proposal, it appears to have enough support among Democrats to secure passage in the Legislature, though Gov. Janet Mills so far hasn’t said whether she would veto the bill.

[RELATED: Social Workers’ Role in Maine Schools to Grow Under Proposed Education Rule…]

LD 1735 is just part of a series of bills introduced this legislative session by more liberal members of the Democratic caucus related to sex-change treatments for children.

LD 535, another bill that’s likely to pass, would allow 16- and 17-year-olds to obtain sex-change drugs in cases when their parents oppose them doing so.

LD 394 , a bill that would expand the role of social workers in public schools, was seen by many on the right as an effort to further introduce gender ideology into Maine’s schools.

That bill has already passed the House and the Senate along party lines.

Steve Robinson is the Editor-in-Chief of The Maine Wire. ‪He can be reached by email at [email protected].

Related Posts

Listen, I don’t think you know what the Granite State is exactly. The whole region including Maine not too long ago, could’t even tolerate the sight of a black man, woman or child.

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Maine lawmaker warns residents alarmed by transgender youth bill that strips parents' rights: 'Huge outcry'

A Maine lawmaker is sounding the alarm about a bill that would protect children traveling to the state to seek transgender treatments without parental consent.

"Maine is going to open the doors to this and open the door to kids who meet someone on TikTok and they get the idea that they need this surgery or hormone replacement therapy and they're going to grab a bus or someone is going to come pick them up and bring them to Maine and a parent is not going to do a thing about it," Republican State Rep. Katrina J. Smith warned on "Fox & Friends" on Friday.

The bill, called "An act to safeguard gender-affirming health care," was introduced by Rep. Laurie Osher (D-Orono). Under the law, teenagers from other states can receive hormonal treatments and surgery in Maine without parental consent. It also blocks law enforcement from reuniting parents with their children and grants the state temporary custody of these minors.

Critics go so far as to call it ‘ state-sanctioned kidnapping ,’" "Fox & Friends" host Steve Doocy remarked.

SOME NEW HAMPSHIRE RESIDENTS WORRIED AS MAINE CONSIDERS ‘TRANS TOURISM’ BILL FOR CHILDREN

Smith argued Maine was welcoming minors into a "fantasy world" where gender transition treatments are the only option for their gender dysphoria and leaving parents out of the equation.

READ ON THE FOX NEWS APP

"Maine has said, ‘Come to us.’ I don’t know how long that's going to last or how they go to school or anything," she said.

The Democrat-backed bill is not what Maine residents want, Smith insisted.

"I think they are overwhelmed with the thought of this. They know that this is just really making decisions for kids and pushing them to make decisions they are not ready to make," she stated.

TRANSGENDER RIGHTS ACTIVIST CLAIMS LAWS BLOCKING SEX CHANGE SURGERIES FOR CHILDREN ARE LIKE HOLOCAUST  

"I think even Democrats, maybe not the socialist ones, but other ones are thinking this is not a good idea," she continued.

"There has been a huge outcry. The committee members have heard a lot over the last week and I think they should. They are the ones who put this bill up. They are the ones bringing it to Maine when the people have not said this is what they want," Smith argued.

Minors aged 16 year or older can currently access transgender treatments without parental consent in Maine under a law passed last year. The law requires minors to first be diagnosed with gender dysphoria by a health care professional and be informed of the possible risks of receiving these treatments.

Some medical groups have argued that the United States is more lenient in providing these controversial treatments to children than many European countries are.

A committee is scheduled to vote on the transgender safe haven bill on January 25.

Original article source: Maine lawmaker warns residents alarmed by transgender youth bill that strips parents' rights: 'Huge outcry'

Steve Doocy Walks Fox News Guest Through Maine’s ‘Transgender Safe Haven’ Bill: ‘Am I Missing Anything?’ | Video

Republican Rep. Katrina Smith says the state’s residents are “overwhelmed” with this potential policy

Steve Doocy interviewed Maine State Rep. Katrina Smith on “Fox & Friends” to analyze the state’s goal of becoming “a transgender safe haven.”

The state legislature is considering a bill allowing out-of-state teenagers and minor children to get access to gender-affirming care without informing their parents and blocking police from returning the children to their parents. Maine would receive temporary custody of the kids seeking these surgeries.

“Critics say the bill goes so far they’re calling it state-sanctioned kidnapping,” Doocy said before introducing the Republican Smith to talk more about the bill. “So what Maine is saying is OK, if you’re thinking about changing your gender, and you don’t want to tell your parents and you want to get it done, come to Maine, we’ll take care of them. Am I missing anything?”

Smith voiced skepticism about the process and the bill, also known as LD 1735 and officially titled “An Act to Safeguard Gender-affirming Healthcare.” The bill, introduced by Rep. Laurie Osher (D-Orono), would cover children who want to receive hormone blockers or surgeries without permission from their parents and despite whatever their native state laws outline.

“Maine is going to open the doors to this and open a door to kids who meet someone on Tik Tok, they get the idea that they need the surgery or hormone replacement therapy, and they’re going to grab a bus or someone’s going to come and pick them up and they’re going to bring them to Maine and a parent is not going to do a thing about it,” Smith said. 

Doocy questioned where the children would go if they did receive the gender-affirming care, suggesting that returning to their parents would be quite a shock.

“They may go home to mom and dad because they realize the mistake they’ve made and they need the person who loves them to take care of them, but I think otherwise they’re going to stay in the fantasy world that that they get involved in when they go through this gender transition when they go through counseling that only looks at one option for their dysphoria or their fears or whatever they’re searching for,” Smith continued. “The state of Maine has said come to us, we’ll take care of you. I don’t know how long that’s gonna last or how they’ll go to school or anything.” 

Smith thinks the people of Maine are “overwhelmed” with this policy. 

“They know that this is really just making decisions for kids and pushing them to make decisions that they’re not ready to make,” she added. “I think even Democrats, not maybe the socialist ones, but other ones, are thinking this isn’t a good idea. And there’s been a huge outcry. The committee members who are going to vote have heard a lot over the last week, and I think they should. They’re the ones who put this bill up. They’re the ones who are bringing it to Maine when the people have not said this is what they want.”

The Maine Judiciary Committee  delayed further discussion  on the bill and postponed the vote to Jan. 25.

Watch video of the Fox News segment at the top of this post.

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Erin In The Morning

Maine Could Become The 15th State To Pass A Trans Refuge Law

The maine judiciary committee may soon hear ld1735, a bill that would make it a safe haven for transgender people fleeing other states. republicans took to social media to misrepresent its provisions..

Please support my independent reporting and advocacy on transgender legislation by subscribing. You help me keep this going and keep people informed.

On Wednesday, January 15, Maine scheduled a working session on a bill titled “An Act to Safeguard Gender-affirming Healthcare,” a bill that would declare the state a refuge for transgender people fleeing hostile states. In the past two years, similar measures have been enacted or issued through executive orders in 14 states and the District of Columbia . These laws have proven effective; for example, Seattle Children's Hospital in Washington was shielded from a subpoena that would have required them to share patient information across state borders due to legislation passed there. In response, major anti-trans Republican accounts such as Libs of TikTok and Riley Gaines attacked the bill on social media, erroneously claiming it would require the state to “take custody” of trans youth being denied gender affirming care.

The bill modifies several aspects of state to protect transgender individuals within Maine's borders. One section would prevent states from issuing search warrants or demanding the extradition of transgender individuals who have received gender-affirming care. This is especially important considering attempts by some state attorneys general to investigate parents of transgender youth, including across state lines. In Texas, Attorney General Ken Paxton infamously dispatched agents to interrogate transgender children statewide. The Maine bill aims to ensure that transgender individuals and their families, who seek safety and medical care in the state, are not compelled to return to their home states by extremist attorneys general, possibly under the threat of arrest. It would also make arresting the parents of trans youth pursuant to out of state warrants the “lowest law enforcement priority.”

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Another provision would protect abandoned or abused transgender kids, giving the state temporary emergency jurisdiction over the child if the child is within Maine’s borders and has been unable to get gender affirming medical or mental healthcare. Importantly, this provision does not not imply, as some conservative accounts have proclaimed, that the state will “take away trans kids from non-affirming parents.” Rather, this provision merely gives judges temporary jurisdiction over a kid present in the state. The state would still have to prove to a judge that a transgender teen is at risk of abuse or neglect if returned to their family in the exact same way the state would have to prove similar things about a cisgender kid.

This provision is particularly relevant given the efforts of some Republican-led states to extend their jurisdiction over minors no longer residing within their borders. For instance, Texas Attorney General Ken Paxton issued a subpoena for medical records from Seattle Children’s Hospital. In the subpoena, the state demands data on all trans youth that have either temporarily left Texas to get care or permanently moved from the state. Such attempts to employ long-arm statutes could potentially usurp the jurisdiction of other states over those who have established residency or sought asylum within these states.

Additionally, the bill would grant Maine jurisdiction in custody disputes where one parent resides in a state that prohibits gender-affirming care, and the other lives in Maine, where such care is not banned. Considering that many custody cases involve cross-state provision of care and the transfer of transgender youth between states with and without bans, this clause enables parents in Maine to present their case to a judge and argue that gender-affirming care is in the child's best interest. The bill does not require the judge to rule in favor of the parent; it merely allows the court to consider the argument.

The last provision of the bill would ban healthcare providers, practitioners, facilities, and similar institutions from disclosing protected healthcare information about their patients to out of state investigators.

In response to the bill, several right-wing anti-trans accounts issued viral calls to action, erroneously calling the bill a “child trafficking bill.” The account “Courage Is A Habit” spread a misleading graphic claiming that parents will be denied custody of their children and that it would “negatively impact parental rights.” Libs of TikTok claimed that Maine would “take custody of your kids” if parents did not give them “sex change surgery.” Anti-trans swimmer Riley Gaines shared a list of email addresses to legislators on the committee, urging her followers to message them, and further meetings on the bill have been pushed to January 25th.

Should Maine pass this law, it would join 14 other states and the District Of Columbia in establishing the state as a refuge for transgender people fleeing unsafe states. You can see a map of other refuge states here:

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Maine's transgender care shield bill goes national: what to know about ld 227.

The debate over the proposed bill has gone from heated, packed public hearings to letters exchanged with out-of-state Attorneys General.

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A state bill that would provide gender-affirming health care to out-of-state residents has caught nationwide attention. More than a dozen attorneys general signed a letter to Maine’s Attorney General Aaron Frey, saying they will act if the bill passes.

"We will not allow laws like LD 227 to deter us from protecting the integrity of our States' democratic processes," the letter from Tennessee Attorney General Jonathan Skrmetti said.

The Maine Attorney General wrote a letter of his own last night in response to the letter he received.

“We do have a right to disagree, and I fully concur that one state cannot control another," Frey said in his letter.

The bill of contention, LD 227, not only provides gender-affirming care to residents from out of state, but it also provides IVF treatment and abortions to those who can't legally access those procedures in their own state. The bill also protects Maine healthcare providers who give care to out-of-state patients coming to Maine for healthcare services.

There was a heated public hearing last week for the bill that lasted hours, with testimony from all sides expressing their support or concern for the bill.

Some think the bill is necessary. EqualityMaine Executive Director Gia Drew said Maine has a history of being a welcoming state.

“A bill like 227 just sort of cements our sort of commitment to being a very welcoming state and being a beacon of hope for LGBTQ people not just here in Maine, but around the country,” Drew said.

Others, however, are concerned about logistics.

“There doesn’t seem to be any safeguards around making sure that it is only parents that are doing, that are bringing these kids in,” Rep. Joshua Morris said.

In a statement issued following Skrmetti's letter, Morris wrote, "This is clearly an extreme bill that will make America's children less safe. It's no exaggeration that this bill will allow some of the worst of our society - child traffickers and abusers - to feel welcome and safe in Maine."

The bill is still up for debate and has not been killed. You can follow the bill's progress through the Maine legislature here.

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Some New Hampshire residents are concerned a bill being considered by the Maine Legislature would allow children to travel to Maine and receive sex change therapies without parental consent.

The bill, dubbed LD 1735 , would authorize Maine courts to "take temporary emergency jurisdiction" over children who have "been unable to obtain gender-affirming health care." The bill would also shield Maine healthcare providers from out-of-state subpoenas and court actions in the event they provide such services to children.

A drove of New Hampshire residents testified against the bill during a public hearing earlier this month. Many argue that New Hampshire, which borders Maine to the west, would be directly impacted by the bill's passage, as New Hampshire children would relatively easily be able to enter Maine to receive gender-related treatments.

Your bill puts in danger children from NH by way of the absolute madness of so-called 'gender-affirming care.' Your contemplated legalized genital butchery of your minors is your perverted business, but disfigurement and permanent genital and psychological damage of NH children is not your province," Daniel Richardson of Nashua, N.H., wrote.

If LD 1735 passes, Maine would join a growing list of states to approve "trans tourism" laws, as they are often dubbed on social media. The American Principles Project (APP) put out an advisory for families last week warning of the risks of traveling to California and Minnesota, both of which have passed such laws. Colorado passed a similar "transgender tourism" bill earlier this year, though the Colorado law requires parental consent for any treatments to be provided.

Parents will do anything to protect our children. To lose your child and be powerless to prevent harm from coming to them would be any parent’s worst nightmare. Yet today, families traveling to California or Minnesota could be at risk for that awful scenario actually playing out — losing custody of their kids to an industry that aims to sterilize and mutilate their bodies," APP President Terry Schilling said in a statement.

LD 1735 is yet to make it out of committee. The Maine legislative session ends on June 21, 2023.

Despite resistance from New Hampshire and Maine residents, several Maine-based organizations have come out in support of the bill, including the Maine Psychological Association. A representative from the Maine Center for Economic Policy claimed the bill would "promote the economic security and wellbeing of all of us," adding that because "younger people" are more likely to identify as transgender, the bill would "likely" attract such people to Maine.

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Maine lawmakers back bill to allow 16- and 17-year-olds access to gender-affirming care without parents’ consent

The bill was supported by all but one Democrat on the Judiciary Committee. One Republican, Sen. Eric Brakey, voted in support as well; the other Republicans left before the vote Tuesday.

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Maine lawmakers gave preliminary approval Tuesday to legislation that would allow a minor who is at least 16 years old to receive gender-affirming hormone therapy without parental consent.

All but one Democrat on the Judiciary Committee supported the bill sponsored by Rep. Erin Sheehan of Biddeford. Only one Republican, Sen. Eric Brakey of Auburn was present for the vote, and he voted yes. The rest had already left by the time the vote was cast after 7:30 p.m.

The matter now goes to the full House and Senate for further votes and likely additional debate.

Although the bill, L.D. 535, would allow care for older teens without their parents’ consent, there are certain conditions that would have to be met.

First, they must be diagnosed with gender dysphoria, a term for when a person’s biological sex and gender identity do not align. Second, they must be experiencing or are expected to experience harm from not receiving gender-affirming hormone therapy. And third, the minor must receive certain detailed information and counseling from a health care professional prior to providing written consent.

“The issues we are considering here are highly sensitive, even in the best of times,” Sheehan said during a public hearing on the bill this month. “But today, transgender health care is being politicized and stigmatized in the press and on social media. Transgender people, including youth, are being explicitly vilified and branded a threat to their peers by grownups – even by leaders in their communities.” Advertisement

Sheehan’s legislation was among a handful of Democratic proposals designed to protect gender-affirming care in Maine. Such care is under attack from Republicans across the country, who are enacting and proposing bans on gender-affirming care for minors and taking steps to consider allowing consent for such care for a minor to qualify as child abuse or neglect.

Fifteen states already restrict gender-affirming care for people under 18, and 18 other states, including New Hampshire and New Jersey, are considering bans on gender-affirming care for minors, according to Human Rights Watch.

That comes even as age-appropriate, gender-affirming care has been endorsed by major medical associations across the country, including the American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics and the American Public Health Association.

Efforts to protect gender-affirming care draw impassioned testimony at State House

Most of the substantive debate on the bill Tuesday happened “off mic,” a procedure by which lawmakers from the respective parties go to separate rooms to talk outside of public scrutiny.

Brakey, prior to his vote Tuesday, said he’s thought about the implications of the bill a lot, and although he respects parents’ rights, he believes someone who has reached the age of 16 “has a certain amount of self-determination.” He also said he knows people who have benefited from gender-affirming care and repeated a point that was made during the public hearing, that “waiting is not a neutral act.”

Rep. Stephen Moriarty of Cumberland was the only Democrat on the Judiciary Committee to vote against the bill. He said he’s not opposed to 16- or 17-year-olds getting care, he just doesn’t think parents should be kept in the dark about it. Advertisement

The final committee vote on Tuesday was 7-1. The committee members who were absent have 48 hours to cast a vote, but with only 13 members in total, the bill will move forward either way.

During the public hearing, Dr. Joseph Anderson testified in support on behalf of the Maine Chapter of the American Academy of Pediatrics, saying gender dysphoria is “a well-recognized medical diagnosis with an established and effective treatment.”

Others argued that gender-affirming care can literally save lives, noting the higher rates of depression and suicidal thoughts among transgender and nonbinary young people. Not everyone grows up in a household where parents will be receptive to such care.

Nevertheless, a handful of people spoke in opposition to the bill during the public hearing. The criticisms ranged from accusing lawmakers of taking away parents’ rights to waging a “war on children,” to claiming gender-affirming care would “displease the Creator.”

“Not allowing parents to be the sole arbiter of a child’s health is wrong,” Penny Morrell, of Belgrade, said in written testimony. “Schools, the government, and the courts do not have the same concern for the welfare of a child as do the parent(s). In a civil society, the family, not the government, is the best environment for the care, nurture, and wellbeing of children.”

Many more advocates and individuals testified in support of the bill, including Equality Maine, MaineTransNet, Out Maine, the Maine Medical Association, the National Association of Social Workers and the Maine Coalition Against Sexual Assault.

“Research unequivocally demonstrates that gender-affirming care improves the mental health and overall well-being of gender diverse children and adolescents,” said Gia Drew, director of Equality Maine.

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Gender-affirming care providers lose proposed protections as Maine lawmakers vote down bill

The Maine Legislature’s Judiciary Committee on Thursday voted down a bill that would have compelled Maine not to cooperate with law enforcement from states that have banned gender-affirming care who are investigating people who have sought such treatment here. 

LD 1735 , a bill sponsored by Democratic Rep. Laurie Osher of Orono, was a top priority for transgender rights advocates this session and it was backed by several groups, including the Maine Nurse Practitioner Association, the Maine Psychological Association, and the National Association of Social Workers.  

Republican lawmakers fiercely opposed the bill. They held a press conference on Thursday before the committee vote. According to the Advocate , the debate over the bill was seemingly influenced by a social media campaign led by Chaya Raichik, the Libs of TikTok account operator. On Jan. 16, Raichik galvanized her 2.8 million followers to take action against the proposed legislation.

Speaking last May when she introduced the legislation, Osher said that “at its heart, LD 1735 is about protecting the wellbeing and medical privacy of young people and their families.” Osher, the leader of the Legislature’s LGBTQ Equality Caucus, also said at last May’s public hearing that right now, “While other states are actively criminalizing safe, medically necessary healthcare, the stakes are higher than ever.”

For LGBTQ rights groups, Osher’s bill would have expanded on progress made last year in the Maine Legislature to secure rights for trans youth. Lawmakers passed a law allowing access to gender-affirming care without parental consent or notification for 16- and 17-year-olds. This is similar to Maine laws regarding abortion access or contraception for minors.

With Osher’s bill, Maine would have joined 12 other states that have enacted legal protections for gender-affirming care providers. 

“We’ve received an alarming number of requests from families from states like Florida, Georgla, Idaho, and Kentucky looking for somewhere safe to bring their children. These families are terrified about being split up,” Quinn Gormley, executive director of MaineTransNet, said in a public hearing last year.

Gormley added, “This bill is an opportunity for Maine to lead again. It’s our chance to send a clear message that hate isn’t welcome here.”

The Judiciary Committee, chaired by Sen. Anne Carney and Rep. Matt Moonen, both Democrats, unanimously voted across party lines to reject the legislation. Democrats, who had initially backed the bill, stated on Thursday that it included unnecessary language for the purpose of safeguarding transgender healthcare in Maine, leading to their decision to oppose it.

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Maine Facilitates ‘Trans Tourism’ Through Bill Shielding Transporters of Children Seeking Gender Transitions: Shawn McBreairty

When it comes to the increasing visibility of transgender issues in the United States, the state of Maine has garnered attention. Specifically, three bills are being discussed about this matter. According to David Kendall, who serves as the director of advocacy for Parental Rights Maine, one of these bills aims to designate Maine as a sanctuary state for individuals bringing transgender children from other states.

NTD spoke with Shawn McBreairty, podcaster host of “Maine Source Of Truth” and the director of special projects with the Maine First Project, an organization trying to shift school board battles and reclaim local control on the issue.

McBreairty said, “Trans-tourism is what I think these folks in Maine, the Democrats here in Maine are trying to do. It’s going to allow…minor children, to make their determinations on their health care. There’s nowhere else that we allow that in any civil society.”

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Maine expands ability of older teens to receive gender-affirming care without parents' consent

• Robbie Feinberg, Maine Public

Transgender 16- and 17-year-olds in Maine can now, in certain situations, receive gender-affirming hormone therapy without a parent's consent.

Gov. Janet Mills signed the law on Tuesday, which will allow older teens to receive gender-affirming care if they have been diagnosed with gender dysphoria, have received counseling, are experiencing harm from not receiving care, and have parents that refuse to support treatment.

The patient must also receive counseling on the benefits and potential consequences of hormone therapy.

The measure faced opposition from several Republican legislators, who said it would infringe on parents’ rights. But EqualityMaine Executive Director Gia Drew says that if a transgender teen is required to wait, it can cause further harm later on.

"So if a young person, 16 or 17, does not need that medical care, it does prevent more complicated things later in life," Drew says.

The bill's passage comes as several other states have taken steps to limit or ban gender-affirming care for transgender youth.

"I'm hopeful that this sends a positive message to the community that LGBTQ people are loved, by most Mainers, and we'll continue to fight for your rights and human dignity, as well," says Drew.

This story is a production of the New England News Collaborative. It was originally published by Maine Public.

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Maine expands ability of older teens to receive gender-affirming care without parents' consent

Transgender 16- and 17-year-olds in Maine can now, in certain situations, receive gender-affirming hormone therapy without a parent's consent.

Gov. Janet Mills signed the law on Tuesday, which will allow older teens to receive gender-affirming care if they have been diagnosed with gender dysphoria, have received counseling, are experiencing harm from not receiving care, and have parents that refuse to support treatment.

The patient must also receive counseling on the benefits and potential consequences of hormone therapy.

The measure faced opposition from several Republican legislators, who said it would infringe on parents’ rights. But EqualityMaine Executive Director Gia Drew says that if a transgender teen is required to wait, it can cause further harm later on.

"So if a young person, 16 or 17, does not need that medical care, it does prevent more complicated things later in life," Drew says.

The bill's passage comes as several other states have taken steps to limit or ban gender-affirming care for transgender youth.

"I'm hopeful that this sends a positive message to the community that LGBTQ people are loved, by most Mainers, and we'll continue to fight for your rights and human dignity, as well," says Drew.

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Maine lawmakers kill bill on gender health care accused of trampling parents rights

Republicans called the bill 'dangerous' while democrats admitted its language was problematic.

Maine residents ‘overwhelmed’ at prospect of becoming a 'transgender safe haven,' state lawmaker says

Maine Republican State Rep. Katrina Smith expresses concerns over a new push from state leaders to make the state a ‘transgender safe haven.’

Republicans and Democrats on Maine’s judiciary committee voted to kill a bill Thursday that would have allowed minors to travel from out of state to Maine to obtain gender-altering medical procedures and even take custody of minors in "emergency" situations.

Republicans called bill LD 1375 – or "An act to safeguard gender-affirming health care" – "dangerous," while the Democrats who originally supported it admitted the language of the bill needed reworking, according to a report by local outlet CBS-WGME .

Tossed on Thursday, the bill stipulated the state of Maine could allow minors restricted from gender-affirming care in their home state to travel to Maine to receive that care, which it noted includes "Interventions to align the patient's appearance or physical body with the patient's gender identity," and "Interventions to suppress the development of endogenous secondary sex characteristics."

SOME NEW HAMPSHIRE RESIDENTS WORRIED AS MAINE CONSIDERS ‘TRANS TOURISM’ BILL FOR CHILDREN

Lawmakers in Maine voted unanimously to kill a bill that would allow out-of-state minors to travel to Maine and get gender-altering operations. (AP Photo/Robert F. Bukaty, File)

Further language in the bill would have allowed the government to take "emergency jurisdiction" over any child who has been rendered "unable to obtain gender-affirming health care or gender-affirming mental health care" even by their siblings and parents. 

"A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse or because the child has been unable to obtain gender-affirming health care or gender-affirming mental health care," the bill's text stated.

Republican Maine State Sen. Lisa Keim told WGME that parents from "around the country have reached out to talk to us about this bill" and expressed their "angst" over it.

She added, "Parents shouldn’t have their rights threatened in this way, and this is a dangerous bill for children."

TRANSGENDER RIGHTS ACTIVIST CLAIMS LAWS BLOCKING SEX CHANGE SURGERIES FOR CHILDREN ARE LIKE HOLOCAUST  

Critics of the proposed Maine bill claim it effectively allows the state to take children from parents blocking them from getting "gender-affirming care." (Michael Siluk/UCG/Universal Images Group via Getty Images)

State Rep. Rachel Henderson trashed the proposed bill as well, stating to the local media outlet, "This gives the state jurisdiction to effectively come into your home and take your kids based on a medical decision you made for the wellbeing and mental wellbeing of your child."

State Rep. Katrina J. Smith warned about the bill last week in a Fox News Channel interview, stating, "Maine is going to open the doors to this and open the door to kids who meet someone on TikTok, and they get the idea that they need this surgery or hormone replacement therapy, and they're going to grab a bus or someone is going to come pick them up and bring them to Maine and a parent is not going to do a thing about it."

The bill’s Democratic Party sponsor, Rep. Laurie Osher (D-Orno), expressed to WGME this was never the intent, but instead about giving the proper care to individuals. 

She said, "That’s disrespectful to our care providers. Our care providers are trained, we have certification and licensing in Maine, and they only provide the care that’s needed for their patients."

Still, all those voting on the bill found it at fault. Republicans found it dangerous, while Democrats admitted that its language was flawed and needed to be altered. 

Following the vote Thursday, Osher said, "We will make sure that people are protected that our care providers are protected. Today was a moment where we’re not getting that done, but we will get that done."

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Fox News Digital's Kristine Parks contributed to this report.

Gabriel Hays is an associate editor for Fox News Digital. 

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Maine Lawmakers Support Mandating MaineCare Pay for Gender-Affirming Care

Both chambers of Maine's Legislature have approved a bill requiring the state’s Medicaid program to cover gender-affirming care

AUGUSTA, Maine (AP) — Both chambers of the Maine Legislature approved a bill requiring MaineCare to cover gender-affirming care, a policy that's already in practice but is not required by law.

The Senate voted 23-10 on Tuesday to advance the proposal. The House approved the bill 75-65 on Friday. Further votes are needed before the bill goes to Democratic Gov. Janet Mills.

The Mills administration already added coverage for mental health counseling, surgery and hormone treatments for low-income residents under MaineCare, the state's Medicaid program. The bill would codify that policy as state law by prohibiting MaineCare from declining to reimburse someone for “medically necessary treatment for or related to gender dysphoria.”

Maine's actions come as a growing number of states seek to ban gender-affirming care.

Twenty states restrict gender-affirming care for people under 18, and about a half-dozen other states are considering bans on gender-affirming care for minors, according to the Human Rights Campaign.

Copyright 2023 The  Associated Press . All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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