News & Commentary

June marks the end of the legislative session in Maine, and there are still several bills that the ACLU of Maine lobby team is actively working to defeat.  Here are some of our top priorities for defeat: Attacks on Legal Abortion:  There are three anti-abortion bills pending in the legislature, and the Judiciary Committee votes against the bills were very close, meaning we have work to do to defeat the bills on the House and Senate floor. LD 760 -- This biased scripting bill would replace Maine's informed consent law with a specific script for doctors to read to women, the purpose being to shame a woman into thinking twice about having an abortion. LD 1339 -- This bill would replace Maine's adult involvement law, which is working well, with a strict parental consent requirement.  The only way to bypass parental consent in the bill would be for the teen to report one of her parents as an abuser in a signed statement or going to court. LD 1193 -- This bill seeks to create separate legal status for the fetus, giving the fetus rights of "heirs and an estate."  Maine already has laws on the books that allow a woman and her family to sue if the woman suffers harm to her pregnancy, but this law would provide legal rights to the fetus, independent from the mother. Attack on Voting: LD 573 -- This bill would amend the Maine Constitution to take away voting rights for certain felons.  Maine's Constitution protects the right to vote for all people in Maine, and it's concerning that some in the legislature seek to amend the Constitution to take away rights.  LD 573 targets people who are in prison in Maine for ten years or more and seeks to prohibit them from voting during their incarceration.  Restricting voting rights does nothing to prevent crime or compensate victims.  Rather, disenfranchisement is harmful to the successful integration of prisoners back into society over the long-term.  Moreover, felon disenfranchisement policies across the country have had a disproportionate impact on people of color. Constituent contact can make or break a vote, and we've seen issues come down to a single Senate vote in the past.  So take time now, and contact your legislators.  Here's a link where you can find your legislator.  Let them know that you support the Constitution and that means supporting a woman's right to choose and voting rights for all people.  And thank you!

In June, the Maine Law Court will hear arguments in an important case about the rights of students to be free from discrimination. The case involves a girl who was denied access to the girl's bathroom at her elementary school because she is transgender. The girl and her family recently received support from the Maine chapter of the American Association of Pediatricians, which filed an amici curiae brief with other state and national organizations in support of their claim. In the brief, the doctors and other organizations argued that girls who are transgender should be treated like any other girl. To do otherwise is to subject them to harmful discrimination that is also contrary to the established medical standard of care. The Court will decide whether such discrimination is illegal as well. The ACLU of Maine and the ACLU LGBT & AIDS Project also filed an amicus curiae brief in the case, which argues for the importance of protecting minorities from discrimination in contexts where there is public controversy or antipathy. The family is represented by the Maine Human Rights Commission and Gay & Lesbian Advocates & Defenders.

Last week, I testified against a bill that sought to create severe criminal penalties for cyberbullying. Under LD 1233, a first cyberbullying offense would have been a Class E crime, and subsequent offenses rose to Class C status - in other words, a felony. In the 125th Legislature, the ACLU of Maine worked closely with stakeholders and the Education Committee to craft Maine's anti-bullying law, which directs schools to seriously investigate and address the growing problem of bullying in our schools. Importantly, the anti-bullying law does not provide for criminal penalties, but provides alternative forms of discipline. These measures reflect the underlying goal of creating a safe and supportive environments for all students, and promoting approaches to bullying and harassment that attempt to repair harms and improve school climates and educational opportunities for all youth. As a result of policies in other states like that proposed in LD 1233, more and more students each year with behavior problems are pushed out of school and into the criminal justice system, which is poorly equipped to help correct and improve behavior.  Instead of asking police to act like teachers, Maine should be doing more to equip schools to correct behavior problems early so that they do not become law-enforcement problems.  Proposals to get the police involved as early as possible cut directly against that.  A bully who is sent to jail for six months will remain a bully, and the school (and the State) will have missed out on any opportunity to correct or reform that behavior.  That is a loss that none of us can afford.  The Criminal Justice and Public Safety Committee heard our concerns, and unanimously voted against the bill. We applaud the committee's commitment to keeping young Mainers out of jail!

Back in November, I wrote about the ACLU of Maine’s education program and our standing offer to visit any school to present on the Bill of Rights. “No matter where your school is in the state of Maine we’ll come and teach there,” I said. Lately we’ve been putting those words to action – and logging some serious miles in the process. Right now we’re up in Aroostook County, teaching students at Hodgdon High School, Houlton High School, and Fort Kent Middle School as part of a three-day trip. We’re talking about lots of important topics, including free speech in school, the rights you have when dealing with police, and the Equal Protection Clause and how it relates to Maine’s new anti-bullying law. So far the classes have been great, with students asking inquisitive questions and sharing thoughtful insights into the topics we’re presenting on.   Aroostook County hasn’t been our only venture into the rural parts of Maine, though. Over the past two weeks we made a pair of visits to Piscataquis County, speaking with students at Greenville High School and Foxcroft Academy. Earlier this month we made trips to Searsport, New Gloucester, York, and Scarborough. Next month we’ll be heading to Machias, Skowhegan, Readfield, just to name a few.   Even with all these miles logged (nearly 2,000 in March alone!) our offer still stands: No matter where your school is in the state of Maine, we’ll come and teach there. Send me an e-mail at [email protected] or call our office at 774-5444 to find out more or to schedule a visit.

For many high school students, this time of year means one thing: PROM! The annual dance ritual is a highlight for lots of students, but for others it’s just another occasion to be ridiculed and bullied. That is, unless they go to the Rainbow Ball, an open and affirming prom weekend for LGBT youth and their allies, held annually in Machias.   We know from a recent survey that eight out of ten LGBT students report harassment at their school within the past year based on their sexual orientation. Transgender students experience even more hostile school climates. At the Rainbow Ball, students don’t have to worry about that. They’re provided (at no cost) a weekend full of activities, talent shows and workshops, culminating with the Saturday evening prom. It’s a chance to be themselves and enjoy their teenage years without the fear of bullying or harassment.   The ACLU of Maine was proud to be back at the Rainbow Ball again this year, and we were pleased to present our newest workshop on Maine’s new anti-bullying law. We led this workshop three times during a student conference we held at Freeport High School earlier this month, and it was great to discuss issues of bullying with students at the Rainbow Ball again this weekend. The new law provides much greater protections for students, and we want to make sure that every young person is aware that their school can no longer turn a blind eye to any incident of bullying.   However, for all the fun inherent in an event like this, there was some sadness too. Hearing student after student telling their story of bullying was difficult to hear. Several students remarked that they had considered committing suicide or cutting because the taunting got so bad. Many others stressed that for them, bullying isn’t just a few isolated incidents – it’s a systemic problem. One young boy told me he still had trouble getting close to anyone, even people who were friendly, because of all the bullying he endured in elementary school. It’s difficult enough to listen to these stories; I can’t even imagine what it’s like to live them every day.   Bullying is a problem for all students, but few groups bear the brunt harder than LGBT youth. The new anti-bullying law provides clear protections for them, and we’ll continue to educate students so they’re aware of their rights under the new law. In the meantime, we’re glad that the students in attendance this weekend were able to let loose and enjoy their prom without fear. They deserve it.

Saturday was a beautiful and sunny day here in Southern Maine, but I spent it inside.  I had the opportunity to present a "know your rights" training to a group of students at Cape Elizabeth High School who were involved with their Gay, Straight and Transgender Alliance (GSTA). Because it was a small group, I had the privilege of sharing some of my own personal story with the students present.  While talking about going to high school in the late 90s, it occurred to me that several of these students were just being born when I graduated. Their whole lives have occurred since I finished my senior year and began my undergraduate studies! When I was in high school at a private, religious institution, it was against the student code to be gay or lesbian. Public schools cannot legally have rules like that in place, but many of the schools here in Maine realize they have to go the extra mile to help Lesbian, Gay, Bisexual and Transgender (LGBT) students feel welcome and safe. This Saturday, I met teachers who were a prime example of the kind of caring and compassionate professionals who work hard to eliminate bias and bullying in the hallways and classrooms across our state. The students themselves work to educate one another on how to be more open and inclusive. I get to show up for a presentation and take it all in.  Bullying is this awful thing that those of us who did not attend school in the age of social media cannot fully understand. There's never a break and too often, LGBT students are targets. A young woman took her own life last week in our state. Allegedly, she was the target of bullying because she was exploring her sexuality.  Stories like hers break my heart. Days like Saturday help it heal.  Our sympathy to this young woman's family, friends and teachers who are trying to sort through grief and the wide range of emotions that comes with it. We've come so far and sometimes, it is not always enough. We know there is more work to be done and we are committed to doing it.  If you are a youth who is feeling alone, confused or in crisis, please call The Trevor Lifeline at 1-866-488-7386 for immediate help or visit the Trevor Project online. 

Visiting schools around the state to teach students about the Constitution is one of the most enjoyable things we do at the ACLU of Maine. It’s exhilarating to explore the Bill of Rights with high school students who are just beginning to grapple with complex issues like free speech, equal protection, and the legality of police searches. It’s exciting to hear their ideas and answer their questions. This year, we’re especially psyched because we have so many new things to discuss with students that will help bring the Constitution alive and showcase for them just how important a centuries-old document can still be today.   Every year we travel the state and present workshops on a variety of topics. We’ll go anywhere in Maine, and our appearances are always free. This year, we’re excited to add a new workshop to our catalog. With last year’s passage of the anti-bullying bill, students will begin to see changes in their school when it comes to bullying. In our new workshop, we’ll educate them about what the new law says, and why its protections are rooted in the Constitution and the 14th Amendment’s guarantee of equal protection.   In addition to this new lesson, we’ve also updated our other curriculum so that we aren’t just presenting the Bill of Rights as you’d find it in an old textbook. With real life cases from the past year integrated into our existing workshops, we have fresh examples of civil liberties issues that will get young people thinking critically. We never tell students what side to take on a particular issue, but we do hope to make them as excited about the Constitution as we are.   If you are interested in having the ACLU of Maine visit your classroom this spring, please contact me at 774-5444 or [email protected]. I’d be happy to tell you more about the workshops we offer and to schedule a visit.

On Friday, the ACLU submitted a letter to Vice President Biden, urging him to reject any proposals to put more police in schools. Following the tragedy at Sandy Hook Elementary School last month, the vice president has called on outside groups to provide input on potential federal action to address gun violence. In our letter, we commend him for spearheading the initiative, but urge a carefully evaluated response that guards against unintended consequences for young people.   Keeping our young people safe in school is as important a priority as one can find. While proponents of increased school security may be well meaning, we shouldn’t respond to the critical question of how to protect students by rushing to put more police in schools, without understanding the serious negative effects doing so could have. As we’ve seen more and more in recent years, increased police presence in schools can harm educational opportunities by unnecessarily pushing students out of school and into the juvenile and criminal justice systems.   Adding police, metal detectors and surveillance might seem like a quick and easy way to make students safer, but experience has demonstrated otherwise. In practice, most school police spend a significant portion of their time responding to minor, nonviolent infractions – children who have drawn on desks or talked back to teachers, for example – rather than behaviors that seriously threaten school safety. In addition, over-policing and punitive school discipline policies have a disproportionate impact on students of color, as well as students with disabilities.   We hope our letter to Vice President Biden serves as a starting point for a longer dialogue about how we can implement smart reforms that will make us safer without sacrificing our civil rights and liberties. You can read the full letter here, which includes more detailed information about safeguards that schools can put in place if they already have a law enforcement presence, as well as a series of proactive actions that can have a positive impact on both learning opportunities and school climate.