News & Commentary

Recently, a school in Wood County, West Virginia agreed to abolish for two years its single-sex education practice in which boys and girls were segregated to separate classrooms. This was after legal action was levied by the ACLU on behalf of a Wood County family who believed the program was sexist. This recent occurrence brings an interesting and little discussed topic to light: single-sex education. If you are from the Northeast and not West Virginia, perhaps the phrase evokes scenes of prim girls in skirts learning needlepoint or dour faced Choate boys before the Rosemary Hall addition.

Last week, the U.S. Department of Education, Office for Civil Rights and the U.S. Department of Justice, Civil Rights Division announced a resolution clarifying that a California public school must provide a transgender student with access to facilities consistent with his gender identity. Under the agreement, the student must be allowed to participate in all school-related activities and programs in line with his gender identity - in other words, if he wants to join the boys soccer team, he can.This resolution is a great step forward in the fight for trans rights. Notably, the government acknowledges that discrimination against trans people is in fact gender-based discrimination, and thus impermissible under Title IX.You can read the full agreement here.

Late last week, the leadership of the U.S. House of Representatives blocked a floor vote on the Student Non-Discrimination Act, a bill that would create a comprehensive prohibition against discrimination of LGBT students in our public schools. That such an important piece of legislation would not even be allowed to go to the floor for a vote is very disappointing. As frustrating as this latest development is, however, it’s not the end of the Student Non-Discrimination Act. We will be back, and in time LGBT students will get the equality that they so deserve. Every student deserves the opportunity to benefit equally from a quality public education that is free of discrimination and harassment based on sexual orientation and gender identity. While the leadership of the House succeeded in blocking a floor vote this time, they weren’t able to stop representatives from speaking out on the House floor to express their own personal disappointment. It was heartening to see that so many members of Congress would be willing to stand up for LGBT students in this way, and it further adds to our confidence that the bill will one day become law. The need for this legislation remains as vital as ever, not just nationwide but here in Maine too. A recent report by GLSEN found that 8 in 10 LGBT students in Maine experienced verbal harassment in school, 3 in 10 were physically harassed based on their sexual orientation, and nearly 9 in 10 regularly heard other students in their school make negative remarks about how someone expressed their gender. These numbers are unacceptable and they demand action. Once the new school year begins, we’ll be traveling around the state to educate students about their rights here in Maine under the new anti-bullying law. Thankfully there are laws in place to protect students who are bullied or harassed at school, but they don’t go far enough. The Student Non-Discrimination Act is the single most important step Congress could take to improve the lives of LGBT students, and we won’t stop pressuring them until they pass it – no matter how many setbacks there are along the way.

Last week, I had the distinct pleasure of attending my first post-DOMA wedding. And how poignant that it was the wedding of my good friend and former colleague Jill Barkley!As most of you know, Jill came to the ACLU of Maine in 2012 to work on the marriage campaign. She was responsible for creating the group Republicans United for Marriage, and thanks to Jill's hard work along with our partners and Maine voters, we won marriage equality at the ballot. And on December 29, many same-sex couples lined up at city hall to finally get married.But not Jill. Jill's partner Trish is a Canadian citizen, so even though Maine would recognize their relationship, the federal  Defense of Marriage Act (DOMA) meant that Jill could not sponsor Trish to come to the United States. So, after winning marriage for so many couples, I watched as Jill celebrated with the community, but continued to fight for marriage equality for herself and other bi-national couples - working with Maine's congressional representatives and coalition partners on immigration reform and the Uniting American Families Act.On June 26, in an ACLU case, the Supreme Court declared DOMA unconstitutional. Jill and I were in the State House (where else) when the decision came down. And, although Trish and Jill had gotten engaged several months ago, we finally celebrated whole-heartedly for the first time. As Jill would say, there were lots of feelings. Just two weeks later, Jill and Trish tied the knot in a beautiful ceremony at city hall. I can think of no better way to celebrate the end of DOMA than with the start of Jill and Trish's life together. Cheers!

This weekend the ACLU of Maine marched in the Southern Maine Pride Parade, and we couldn't have had a better time. The weather was gorgeous, the crowd was passionate, and our contingent of marchers had a great time showing their pride and waving at the many well-wishers that lined the streets of downtown Portland. Throughout the parade we showed off signs that read "I'm on Team Edie," in reference to Edie Windsor, the ACLU's client in our landmark lawsuit challenging the Defense of Marriage Act. Many people instantly recognized the reference, and for those that didn't we were happy to explain. (You can learn more about Edie and her case by clicking here.) It was great to be part of Southern Maine Pride again this year, and much like last year's event felt like a precursor to a big victory at the polls in November, we hope that this year's parade foreshadows a big win at the Supreme Court later this month. The Court is likely to hand down their decision on Edie's case in the next couple weeks, but we don't know the exact date yet. Thank you to everyone who marched with us, and here are a few photos from the day:

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.

A week and a half ago, I had the privilege of meeting with members of the Maine Immigrant Rights Coalition and staffers of Maine Senator Angus King. We were asked to share our personal immigration stories, urging the Senator to support reform.  By the time it was my turn, I was in tears. I apologized to the small group gathered who have been separated from their families, put in jail and denied basic benefits while seeking asylum in our country. Their stories made me aware of many things: I am white, I am an American citizen, I am safe and I have plenty.  But still, I was there to tell my story. My partner, Trish, is a Canadian citizen. We met and fell in love almost two years ago. We want to marry here in Maine and start a family here. However, under the Defense of Marriage Act, our Maine marriage would not be recognized by our federal government. Because of that, I cannot sponsor Trish as my spouse for immigration. Sadly, same-sex bi-national couples were not included in the immigration reform bill introduced last month. Even sadder still, some couples in situations like Trish and I are much worse off. They are separated from their children or, even worse, one of them lives in a country where it is illegal or unsafe to be openly gay.  But still, we want immigration reform now. We want to be included. We want to stop putting our lives on hold. I want to stop feeling like I have to choose between the person I love and the country I love.  Senator King signed on as a co-sponsor of the Uniting American Families Act two days after the meeting. This bill, also sponsored by Senator Collins, would allow same-sex bi-national couples to be eligible to sponsor their spouse for immigration. Though it is currently a separate bill, this important piece of legislation would mean immigration reform for my community - and for Trish and I.  We're all thankful for Senator King's response. We encourage folks to reach out to him to let him know how you feel about immigration issues. He's clearly listening. 

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation.   Maine Legislative Successes   The ACLU of Maine has been actively working towards the passage of five bills related to privacy and technology this session (more here) . Yesterday, the Maine Legislature’s Committee on Judiciary voted in support of one of our bills, An Act to Protect Cellular Telephone Privacy. This bill requires law enforcement agencies and officers to obtain a probably cause warrant before obtaining text message content and cell phone records. The police aren’t allowed to read our personal mail without a warrant, they should not be allowed to read our text messages either. The bill now goes to the full house and senate for approval.   Another privacy bill before the legislature got tabled until next year. This bill prohibits employers and schools from accessing passwords to the private social media accounts of their employees or students. The ACLU of Maine will continue to educate folks on the importance of this measure. What people do online during their own time, outside of work and school, is their own business.   In other legislative news, the legislature defeated two unconstitutional bills yesterday that sought to put in place unconstitutional drug testing and residency requirements for welfare recipients.   Same-sex marriage victories in three states   Last Thursday, Rhode Island became the tenth state to legalize same sex marriage.   On Tuesday, Delaware became the eleventh state to legalize same-sex marriage.   Minnesota looks poised to become the twelfth state to legalize same-sex marriage. The Minnesota House of Representatives voted to approve same-sex marriage yesterday. The house was thought to be the biggest hurdle in the legalization process. Commentators expect passage in the senate and Minnesota’s governor publicly declared an intention to sign the bill into law.  

It took awhile, but a Gay-Straight Alliance is coming to Carver Middle School.   Bayli Silberstein has been working to establish a GSA at her school in Florida since 2011. She wants to start the club to combat bullying at her school, but administrators have put up unnecessary (and unconstitutional) roadblocks at every corner. The school board even went so far as to propose a ban on all non-academic clubs for all middle schools in the county, just to stop Bayli from starting hers.   Frustrated by more than a year of inaction, Bayli and her mother reached out to the ACLU in January of this year. Later that month, the ACLU of Florida sent a letter to the school board explaining the legal right of the club to form as well as the benefits that a GSA would have for all students. When nothing changed, the ACLU organized an online petition and over 55,000 people from across the country signed, urging the school board to support Bayli’s effort to establish the GSA.   Even in spite of all the uproar, the board voted 4-1 last month to table a proposed club policy, effectively leaving their ban in place through the remainder of the school year. With it clear that the board was not going to give in, and with all other options exhausted, the ACLU of Florida took the only step it could.   On Wednesday, a lawsuit was filed against the school board on Bayli’s behalf. On Thursday, the board gave in and agreed to let Bayli have her club.   Thankfully, most school administrators don’t react this way to the prospect of a Gay-Straight Alliance, so legal action like this is rarely needed. However, Bayli is not the first student to face pushback when attempting to start a school club and she won’t be the last. Under the law, if a public high school allows students to form any non-curricular clubs at all, then it must allow students to form any non-curricular club they want, and it must treat them equally. This is why the school board’s denial of Bayli’s request wasn’t just a misguided decision; it was against the law.    If you're trying to start a GSA at your school and your administration tries to stop you, the ACLU has your back. Check out these helpful tips for starting a GSA at your school. It’s highly unlikely you’ll face the pushback that Bayli did, but thanks to her brave determination it’ll be even tougher for schools to say ‘no.’