I was deeply involved with the No on 1 campaign from early-2009 through Election Day. I knocked on hundreds of doors, made thousands of phone calls, and participated in dozens of events. If the election taught me anything, it was that without proper education and cogent refutation of opponents’ slanderous claims, lies and misinformation will run rampant and destroy any possibility of advancing equal rights.
As I follow the pursuit of the Maine Human Rights Commission (MHRC) to clarify the Maine Human Rights Act in order to ensure equal rights for all transgender students in Maine’s public schools, 
I can’t help but feel that the public, and even some journalists, lack sufficient education on the issue. The staggering total of 594 comments on the Bangor Daily News’ February 17 article about transgender rights alone speaks for itself. And, unless we want the outcome of transgender rights to be equivalent to that of same-sex marriage, qualified and extensive education is a vital prerequisite.
The MHRC must begin by tackling the common and oft-expressed concern that students are so insensitive that, to fuel their adolescent desires, they might abuse a restructuring of rules that would ensure transgenders equal access to locker rooms and restrooms. For example, one commenter on the Feb. 17 news article on the BDN’s site says, “now every horny teenage male will be saying they are transgender to get to the females… or vice versa.” Perhaps I’m giving my fellow classmates too much the benefit of the doubt, but I strongly believe that, with education, all students would learn how to approach this issue maturely and sensibly. In this instance, the education might be better suited to begin in the classroom, and then branch out through parents into the community.
Another issue that arises, and one of much greater complexity, is the likely potential of sexual harassment, or even violence, directed at transgenders who would utilize their equal access rights. As much as I like to believe that all Maine students are nondiscriminatory and above harassing, I have witnessed harassment first-hand, so I know it exists. In its Sunday editorial, the Lewiston Sun Journal advocates for gender neutral bathrooms to minimize harassment, but doesn’t go so far as to suggest that the existence of such a bathroom should be mandated. I feel that such a mandate is absolutely necessary. Violence against members of the LGBTQ community is all-too-real and existent and schools must provide a safe and secure environment for all students. If a student feels that his or her security is threatened, there must be an alternate bathroom that he or she can use in safety.
What we cannot afford is the struggle for equal rights for transgender students in Maine’s public schools turning into another partisan boxing match consisting of Maine’s human rights and LGBTQ organizations against the Maine Christian Civic League. Fiscally and socially, such a fight would debilitate the potential for achieving real change. We must approach this issue through increasing education, sensitivity, and awareness. We must put Maine’s future – our students – first.
Simon Thompson is a senior at Portland High and served for one year on the Portland School Committee. Check out his complete blog at Simon Says or follow him on twitter.
Hey Simon, who's going to pay for that mandate? You willing to see taxes raised just to install a few hundred more bathrooms in Maine schools? Oh wait, you're just a kid, what do you care about taxes. Stupid question.
These aren't "rights", kid. Nowhere is access to bathrooms mentioned in the Maine or U.S. constitutions, and if it's not in there – or been designated by the courts as a "right" – it's not a "right." Just labeling it one does not make it so.
Marcus, don't attempt to disqualify any of my opinions because of my age by calling me "kid", please and thank-you. I'm fully sensitive to the issue of taxes- having served on the Ptld. School Committee and Finance Subcommittee for one year. In most cases, a faculty or boys and girls restroom could easily be switched to a gender neutral one- it's as simple as that. If a school isn't able to convert an existing bathroom to a gender neutral one, then it's something that should be planned for and funded in the budget over a 5-or-so year period.
Secondly, you're wrong, they are rights. The Maine Human Rights Act was amended in 2005 to include "sexual orientation" as a protected class. Such an inclusion means that regardless of sexual orientation, students must have equal access to facilities and be ensured the same personal security as all other students. If these rights, including to equal access, are not being afforded, then it goes against Maine law. Clear and simple.
You're still wrong; they're not rights. Until they're enshrined in either the state or federal constitution they're not rights. No simple statute can create rights, regardless of what it's called. Simply using the word does not make it a right. The Maine Human Rights Act does not, in fact, create any new rights – only amendment of the Maine Constitution can do that. Using the word in the title of the bill does not make it a right. Moreover, it's debatable whether transgender is part of "sexual orientation". The Legislature certainly did not intend it to be when they passed the bill.
Nobody who hasn't had their hard-earned money taken from them by the State understands taxes, sorry kid.
I think the question here is whether or not transgendered students freedom or safety is an issue. Section 6-A of the Maine Constitution states: Discrimination against persons prohibited. No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person's civil rights or be discriminated against in the exercise thereof.
Does denying a transgendered female a spot on the boys football team, the ability to use a restroom of the gender they associate with, etc., violate their existing civil rights? Legally, how does Maine define transgendered people? Is it by their physical anatomy or by the gender they associate with? I don't know the answers to these questions and I'm not sure if the state does at this point either.
Marcus, please refrain from talking down to commenters. Let's keep the debates civil. Otherwise argue on!
Constitution? Let's examine Section 1, Article 1, of the Maine State Constitution:
"All people are born equally free and independent, and have certain natural, inherent and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness."
There you have it: everyone has the equal and inherent rights of safety and happiness. When public schools are not affording vulnerable students these rights, then action must be taken.
Transgender not a part of "sexual orientation"? Really? I'd argue that transgenders beautifully epitomize the diversity of different sexual orientations. If you can make a coherent argument for why transgender(ism?) is not a sexual orientation (or why the Legislature didn't intend for this when passing the bill), I'd hear you out- but until then I disagree on lack of evidence on your side.
I work- I pay taxes. My parents work, own a house, and own cars- they pay taxes. Everyone in my family purchases items- we all pay taxes. I'm pretty sure I understand taxes.
This in no way falls under that section, just as gay marriage does not, or they would have used the courts to enact it rather than the Legislature. Similarly, clearly LGBT privileges do not fall under Article 1, Section 1, or there would not have needed to be another law to protect them. You clearly have little comprehension of what that article really means – it does not mean anyone do whatever they want. Otherwise the state couldn't outlaw drunk driving, marijuana, automatic weapons, smoking in public places….
Neither state nor federal government is under any obligation whatsoever to make people happy. They have to balance issues, and the safety of the majority far outweighs the needs of the minority. "Happiness" is not "contentment", and people can be happy without all of their needs being perfectly met. The state obviously cannot make every single citizen happy in every single way.
For example, I'm unhappy at having to pay so many taxes. Does that mean that the state's taxes are unconstitutional? Of course not. My buddy who's in a wheelchair is unhappy that at games he has to sit in a certain area. Does that mean handicapped sections are illegal? No.
You're taking that section far too literally. Go to college, take a few courses in constitutional law, then maybe we can actually discuss this.
Thank you for your work.
It is not commonly known, but through advocacy work of my own progress of transgender rights at schools is moving forward.
I brought the issue to the University of Maine System Board of Trustees. Nothing ensued there, but Dick Campbell the CFO of USM listened. He has implemented policy regarding all new buildings and renovations having gender neutral bathrooms and discussions are underway for retrofitting. Hopefully the other universities will follow suit.
An interesting story about rights and the Maine Constitution Marcus..
2 times an attempt to grant the right to vote for individuals with a disability and guardianship has been on the ballot. Both times it failed. However, the Supreme Court of Maine and the Legislature said differently and these individuals ARE allowed to vote. Former Majority Leader Michael Brennan was instrumental in this work.
The rights of students in general is a volatile issue and currently all students are far too vulnerable and unprotected.