Referendum seeking to restrict trans rights will get a last-minute public hearing

Before Mainers vote on restricting transgender students’ rights to play on sports teams and access school bathrooms this November, lawmakers will allow the public to weigh in at a last-minute hearing on Tuesday.

After several similar legislative attempts failed last year, a citizen-led campaign is putting the issue on the ballot. The group is framing it as a referendum to “protect girls’ sports,” arguing that allowing trans girls to share bathrooms, locker rooms or sports teams with cisgender girls  jeopardizes their safety.  

“In sports, biological differences matter,” said Republican Sen. Sue Bernard of Aroostook County at a Monday morning press conference. “Acknowledging this … is not disrespecting the transgender community.”

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But before the question goes to voters in November, the Legislature must consider whether to pass the measure and is required to hold a public hearing If passed, the referendum would require trans girls to play on boys or co-ed teams. The full language of the proposed referendum is similar to wording of a bill introduced last year, LD 868, which narrowly failed to pass the Maine Legislature last spring. The referendum also seeks to change the Maine Human Rights Act, which for decades has allowed all trans people to use bathrooms, play on sports teams and use names and pronouns at school that align with their gender identity. 

At Monday’s press conference, Republican Sen. Marianne Moore from Washington County said, “in my opinion, gender identity never belonged in the Maine Human Rights Act to begin with.”

Equality Maine Executive Director Gia Drew called the referendum “an affront to Maine’s values, and a real threat to all students, including transgender kids.”

“It’s important that voters know the full extent of what is included in this vast and sweeping change to Maine law,” she said. “The proposed initiative contains major changes to the trusted and tested Maine Human Rights Act that protects us all from discrimination, creating a path to sue local schools.”

Last week, Secretary of State Shenna Bellows released draft wording of the question, which emphasized the potential legal risk.

“Do you want to change civil rights and education laws to require public schools to restrict access to bathrooms and sports based on the gender on the child’s original birth certificate and allow students to sue the schools?” the proposed ballot question reads. 

The question’s wording is required by law to be “clear, concise and direct, and describes the subject matter of the people’s veto or direct initiative in this case as simply as possible,” Bellows told Maine Morning Star last week. “My guidance when I write any question is the legal requirement … and simply describe the subject matter.”

But the campaign has argued the draft question “is not dutifully faithful to the proposed legislative text and has departed from the most critical language, terms, and definitions within the proposed act.

At Monday’s press conference, Republican lawmakers also criticized the draft wording, saying it is seeking to dissuade voters from supporting the referendum.

“Instead of neutrally describing the proposal, the language uses phrasing that clearly frames this issue in a negative way to try to sway voters,” said Assistant House Minority Leader Rep. Katrina Smith of Palermo.