- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- Unknown
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent studies in Maine indicate significant support for LGBTQ+ rights among the population.
OPPOSE
SUPPORT
History
Same-sex marriage in Maine is legal.
Current status
Since Dec 29, 2012
Civil unions (limited rights)
Opponents of the marriage equality in Maine set up a referendum to repeal it. Citizens voted 53% in favor of repealing marriage equality and 47% against, effectively un-legalizing gay marriage. Even after gay marriage was overturned in Maine, the domestic partnerships offered from 2005 were still available for gay couples.
Legal
On May 5th, 2009, the Maine Senate passed a bill 21-13 with one abstained. The bill redefined marriage to terms without gender references. The bill was signed into law the next day by Maine’s Governor at the time, John Baldacci.
Civil unions (limited rights)
A bill which legalized domestic partnerships for same-sex couples took effect on July 30th, 2005. The domestic partnerships offered gave only certain limited rights of what marriage would.
Banned
In March of 1997, the Maine Legislature passed a statute that restricted marriage to opposite-sex couples. The Governor at the time, Angus S. King, Jr., signed the bill into law.
Censorship of LGBT issues in Maine is no censorship.
Current status
No censorship
Maine has no laws censoring LGBT topics.
Right to change legal gender in Maine is legal, no restrictions.
Current status
Since Nov 2019
Legal, no restrictions
Surgery is not required to change the gender marker on IDs such as State ID or a driver's license.
Gender-affirming care in Maine is legal.
Current status
Legal
Minors 16 years of age or older are able to get gender affirming care without parental consent. Adults and Minors are freely able to access gender affirming care. Anyone under prosecution in another state will be able to freely access gender affirming care in Maine, this specific bill will be enacted in a later date. Governor Janet Mills signed LD227 April 12th, 2024, making gender affirming care protected in the state of Maine.
Legal recognition of non-binary gender in Maine is recognized.
Current status
Since Jul 14, 2020
Recognized
Maine-born residents can ask for an X gender marker on their birth certificates and IDs.
LGBT discrimination in Maine is illegal.
Current status
Illegal
People are protected from discrimination based upon both sexual orientation and gender identification.
LGBT employment discrimination in Maine is sexual orientation and gender identity.
Current status
Since 2005
Sexual orientation and gender identity
State law provides for protections against employment discrimination in regards to both sexual orientation and gender identification.
LGBT housing discrimination in Maine is sexual orientation and gender identity.
Current status
Sexual orientation and gender identity
This state explicitly bans housing discrimination based upon sexual orientation and gender identification.
Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in Maine is legal.
Current status
Since 2007
Legal
State statute allows married and unmarried persons to adopt per §9-301, and a lower court ruled in MA, 2007 ME 123 (2007) that the law is not exclusionary of same-sex partners.
Similarly, second-parent adoption isn't expressly permitted in statute, but case law has been tolerant in lower court rulings.
Similarly, second-parent adoption isn't expressly permitted in statute, but case law has been tolerant in lower court rulings.
Serving openly in military in Maine is legal.
Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Maine is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
United States Equality Rank
#252
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