A recent letter to the editor suggested that Gov. Mills’ public spat with President Trump simply reflected her support for LGBTQ rights generally. In fact, the governor’s personal views with respect to LGBTQ rights are irrelevant with respect to the transgender portion of this acronym.
In 2019, Maine amended its Human Rights Act. The Legislature clarified the act’s “gender identity” provision. “Gender identity means the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth.” (see Public Laws 2019, Chapter 464). The amendment is clear. Maine law allows one to alter their gender post-birth.
Gov. Mills has no latitude to limit gender identification to the sex assigned at birth. She has a constitutional duty to enforce Maine law. That’s what she’s committed herself to do.
No federal law accepts Trump’s definition of gender, or bars adults from altering their gender when they choose. To enforce his singular view that gender is assigned at birth, Trump has cut off Maine’s share of unrelated federal aid dollars. This seems to be unconstitutional.
Further, without legislative authority, Trump has unilaterally barred trans people from military service. His executive order was immediately challenged and is now before the Supreme Court awaiting final disposition.
In sum, 1.6 million U.S. trans people are directly affected by Trump’s executive orders. But millions more will be harmed by his palpable distaste for trans people. Stay tuned.
Orlando Delogu
Portland
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