Does Maine have an anti-discrimination law protecting LGBTQ+ individuals from discrimination?

Yes. On November 8, 2005, Maine voters agreed to keep in place a law, LD 1196, “An Act to Extend Civil Rights Protections to All People Regardless of Sexual Orientation”, passed by the Legislature and signed by the Governor in the spring of 2005. The law went into effect December 28, 2005.

This marks the end of a long struggle in Maine to achieve legal protections for LGBTQ+ people. In November 1995, Maine voters rejected an attempt to limit the protected classes to those already included within the non-discrimination law. In May 1997, Maine approved an anti-discrimination law based on sexual orientation, but this law was repealed in a special election in February 1998. Then in November 2000, by the smallest of margins, Maine voters failed to ratify a second anti-discrimination law that had been approved by the legislature.

The law provides protection against discrimination based on sexual orientation which is defined as “… a person’s actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression” (5 Me. Rev. Stat. sec. 4553 (9-C)).

Does it also protect people perceived as LGBTQ+?

Yes. The non-discrimination law specifically covers people who are perceived to be LGBTQ+.

What kinds of discrimination does the anti-discrimination law address?

The Maine law prohibits discrimination in:

  • Employment
  • Public Accommodations
  • Housing
  • Credit and
  • Education (5 Me. Rev. Stat. sec. 4552 et seq.)

Are there any laws protecting LGBTQ+ students in Maine?

Yes. Several different laws protect students against discrimination, bullying, and harassment at school by peers or by adults. (These laws apply to all public schools and to private schools that receive government funding.) These prohibitions come from state law (such as the Maine Human Rights Act and Maine anti-bullying laws), federal nondiscrimination laws (including one called “Title IX” – about sex discrimination – and another called “Title VI” – about discrimination based on race, color, and national origin), and the U.S. Constitution. These are powerful protections for students, and they can be used to hold schools accountable for what happens on their watch.  

At the local level, students might also have rights under policies adopted by their school board. You can often find those types of policies on the website of your school board or school district. 

Visit our Maine Know Your Rights page for LGBTQ+ students to learn more.

What can I do if I’m being discriminated against at school?

There are many ways to approach the issue. If you believe your rights are being violated, visit our Rights of LGBTQ Students in Maine page to learn more about what steps you can take.  

Are there other non-discrimination protections available in Maine?

Yes. Several cities and towns have enacted non-discrimination ordinances, including Portland, Falmouth, South Portland, Long Island, Orono, Sorrento, Westbrook and Bar Harbor. In Clarke v. Olsten Certified Healthcare Corp., the Maine Law Court assumed without so stating that the Portland ordinance is enforceable (714 A.2d 823 (Me. 1998)).

Does Maine have a law that bans conversion therapy?

Yes, in 2019 Maine became the 17th state to pass a law, LD 1025 An Act to Prohibit the Provision of Conversion Therapy to Minors by Certain Licensed Professionals. It prohibits licensed professionals from advertising and administering so-called conversion therapy methodology to minors. Failure to follow the law can result in the revocation of the professional’s license.

State and national medical, mental health, and child welfare organizations all oppose the practice of conversion therapy, a practice that seeks to change a person’s sexual orientation or gender identity. Extensive professional literature shows the practice to be both ineffective in changing sexual orientation or gender identity and harmful to youth. Young people who have been subjected to conversion therapy are at increased risk of depression, suicidal thoughts and suicide attempts, and illegal drug use.