Maine

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Know the laws in your state that protect LBGT people and people living with HIV.
YES
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
YES
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
YES
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
YES
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

See Maine Revised Statues Title 5 § 4571§ 4572§ 4573§ 4574§ 4575 and § 4576 and 112nd Maine Leg. Bill LD No.1146. 5 M.R.S. § 4553 9-C: “‘Sexual orientation’ means a person's actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.”

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference." 

HIV & Healthcare

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NO
Does the state explicitly ban transgender exclusions in health insurance?
YES
Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?
Does this state have an HIV criminalization law?

NO, Maine does not have a criminal statute that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct; however, all states have general criminal laws—such as reckless endangerment and assault laws—under which it is possible to prosecute an HIV-positive person for nondisclosure of HIV status prior to sexual conduct.

Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in this state in recent years?

NO, there has not been a criminal prosecution in recent years of which Lambda Legal is aware; however, that does not mean that will not be one in the future.

Does this state have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

NO, Maine does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.

Does this state have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

NO, Maine does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.

Who may adopt?

The Maine statute specifies only an unmarried person or married couple may jointly adopt. See 18-A Maine Statutes 9-301. In a lower court case, however, involving a same-sex couple seeking to jointly adopt, the Court concluded that "section 9-301 does not prohibit a joint adoption petition by two unmarried persons." See In re M.A., 2007 ME 123 (2007).  

Second-parent adoptions:

Not expressly permitted by statute, but see In re M.A., 2007 ME 123. State is fairly tolerant.

Public Accommodations

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YES
Public accommodations protections on the basis of sexual orientation?
YES
Public accommodations protections on the basis of gender identity?

Relationships

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YES
Does the state allow same-sex couples to marry?
YES
Does the state recognize marriages of same-sex couples from other jurisdictions?
YES
Does the state offer any other type of relationship recognition for same-sex couples?

Yes, domestic partnerships.