The Maine House of Representatives voted late Wednesday evening to advance a bill that would institute legal protections for those seeking or providing “gender-affirming health care” and “reproductive health care services” in Maine.
On Thursday, the State Senate passed the measure along party lines, 21-13, sending the controversial measure to Gov. Janet Mills’ desk.
The 80-70 House roll call vote was divided along nearly-partisan lines, with all Republicans opposing the bill alongside Democrats Rep. Michel A. Lajoie (D-Lewiston) and Rep. Bruce A. White (D-Waterville).
No lawmakers were absent or excused at the time this vote was taken.
Leading up to the vote, lawmakers on both sides of the issue offered extensive and passionate remarks, with discussion of this legislation lasting for more than three hours and stretching late into the night Wednesday.
Originally introduced last session as a concept draft titled “An Act Regarding Health Care in the State,” the bill’s sponsor — Rep. Anne C. Perry (D-Calais) — introduced a lengthy amendment earlier this year setting forth the actual proposed language for the legislation.
In early March, the Health Coverage, Insurance and Financial Services (HCIFS) Committee held a last-minute public hearing that ended up stretching late into the night, despite the fact that the actual text of the bill had not yet been made easily available to the public.
During this hearing, supporters of LD 227 emphasized the need to protect Maine medical providers from litigation originating in states that have banned abortion and various forms of “gender-affirming care.”
Opponents, on the other hand, expressed concerns about the impact that this legislation could have in practice, suggesting that it could end up enabling forms of kidnapping and trafficking, particularly with respect to children.
If passed, LD 227 would establish a legal right to “gender-affirming health care” and “reproductive health care” in Maine, as well as create a mechanism for individuals to file lawsuits against those who attempt to interfere with these procedures.
It would also allow those targeted by “hostile litigation” in other states to file counter-suits in order to potentially recover damages, punitive damages, and legal fees.
This bill would also prohibit enforcement of judgements and subpoenas from other states that are related to Maine’s “legally protected health care activity.”
Subsequent sections of the bill would make changes to state extradition law in order to “prohibit the Governor from surrendering a person charged in another state for engaging in or aiding and assisting in legally protected health care activity.”
This legislation also would provide address confidentiality to “health care practitioners” providing “gender-affirming” or “reproductive” heath care services.
LD 227 would also insulate health care providers from various forms of “professional discipline” on account of their choice to engage in these kinds of services.
Click Here to Read the Full Text of LD 227
Shortly after the public hearing on this bill, sixteen attorneys general — led by Tennessee Attorney General Jonathan Skrmetti — sent a joint letter to the state warning that warned that Maine could face lawsuits if it were to adopt the proposed statute.
“If Maine pursues LD 227‘s constitutionally defective approach, we will vigorously avail ourselves of every recourse our Constitution provides,” the attorneys general wrote.
The attorneys general referred to the bill in their letter as a “far-reaching” and “unprecedented” attempt to impose on the rest of the country “Maine’s views on hotly debated issues such as gender transition surgeries for children.”
In response, Maine’s Attorney General Aaron Frey defended LD 227 as a bill that would would “protect providers of legally protected reproductive and gender-affirming health care provided in Maine from interference or retaliation from states with different policies.”
Attorney General Frey went on to decry the oppositional letter as an “attempt to intimidate proponents of LD 227” and referred to the concerns raised as “meritless.”
[RELATED: Maine AG Aaron Frey Defends Revamped “Transgender Trafficking” Bill Condemned by Red State AGs]
Wednesday evening, all House lawmakers were present in the chamber for a vote on this bill, offering more than three hours worth of impassioned remarks prior to weighing in on the bill.
Democrat lawmakers fundamentally framed the bill as a means by which to protect Maine providers from being subjected to other states’ laws concerning these procedures, while Republicans underscored concerns over the bill’s constitutionality, as well as its potentiality to enable kidnapping or trafficking, particularly of minors.
There was also great debate on the floor the House over the provision of “gender-affirming care” to children, wherein lawmakers sparred over the current state of medical research with respect to its safety.
Rep. Sally Jeane Cluchey (D-Bowdoinham) suggested that there has been significant “misinformation” and “fearmongering” regrading this bill, contending that it only serves to prevent providers from being sued by other states for providing care that is already legal in Maine.
Rep. Amy Kuhn (D-Falmouth) noted that seventeen other states and Washington DC have similar “shield” laws, suggesting that none of these states have seen adverse consequences as a result of their implementation.
Rep. Katrina Smith (R-Palermo) argued that the standards of care set by the World Professional Association for Transgender Health (WPATH) — which are specifically referenced in LD 227 as accepted guidelines for “gender affirming health care services” — are tainted by the controversies surrounding the organization.
According to Rep. Smith, WPATH has engaged in an “unregulated experiment on some of the most vulnerable people in society.” She also alleged that those who worked to develop these standards have failed to obtain informed consent and have mishandled the preexisting mental health needs of patients seeking these procedures.
Rep. Anne-Marie Mastraccio (D-Sanford) followed up Smith’s remarks by noting that these guidelines have been affirmed by a number of other professional medical organizations.
Rep. Matt Moonen (D-Portland) explained in his comments that due to the wording of the bill, any treatment that currently requires parental consent in Maine — including the vast majority of medical interventions that fall under the umbrella of “gender affirming care” — would still require that same consent if LD 227 were to pass.
Rep. Moonen also noted that Maine law does, however, permit minors to get abortions without receiving parental consent, a standard that would also be unchanged by LD 227.
Rep. David G. Haggan (R-Hampden) noted in his remarks that, among other things, LD 227 would prevent malpractice insurers from increasing rates or imposing penalties upon those who provide these services, “interfering with the ability of insurers to appropriately factor in the risk of malpractice claims related to these procedures.”
Unlike many other lawmakers, Rep. Reagan L. Paul (R-Winterport) focused her comments on the bill’s applicability to abortion, arguing that it “outlines a vision for Maine that is truly egregious and dangerous for women in our state,” suggesting that it would “fling the door wide open” for abusers and traffickers to force women to end their pregnancies.
According to Rep. Paul, LD 227 would “enable reproductive coercion and crimes against pregnant women and remove any recourse they might have if they are injured by an abortion procedure.”
“This bill is not about access to health care,” Paul said. “This bill is about empowering abusers.”
Rep. Jane P. Pringle (D-Windham) noted in her remarks that the Maine Coalition Against Sexual Abuse testified “strongly” in support of LD 227 because they felt it was “extremely important” and would not increase instances of sex trafficking.
Rep. Pringle went on to say that this bill is designed to “unimpeded” access to abortion and gender-related treatment by allowing providers to engage in these services “without fear.”
“Maine must continue to champion patient rights while ensuring access to necessary and legal medical care,” Pringle said.
“This bill is so very dangerous, in that it protects everyone but those who would truly be harmed by it,” argued Rep. Tracy L. Quint (R-Hodgdon) in her remarks before the chamber.
The following day, the State Senate passed the proposal along party lines, with Republicans reiterating concerns from members of law enforcement and Democrats insisting that any criticisms of the bill were “misinformation.”
“This bill really isn’t about children, this bill is about protecting health care providers,” said Sen. Anne Carney (D-Cumberland).
<span class="dsq-postid" data-dsqidentifier="27354 https://www.themainewire.com/?p=27354">5 Comments
It is NOT normal for adults to constantly want to talk sex with children.
Mutilating them is NOT normal.
Dirty Dems in the Legislature are once again inviting lawsuits that we will pay for.
How dare they decide that Karl Marx was right when he said children should not show loyalty to family and that the state should be in charge.
The state already can’t manage to take care of kids in their care and they think they’ll take parental rights away, even from parents who are visiting from out of state?
So, this is how much Dems care about children.
They passed killing a baby up to the moment before birth
They promote kiddie porn to children in the public schools.
They run a department that sees the highest rate of abuse and death in the country.
They want to kidnap children from their parents.
Nope.
They don’t care about kids.
They care about money and “the message”
Man, democrats are in a hurry to destroy our youth and kill off our babies, I’m betting next session, the democrats will pass a bill authorizing abortion up to age 26, you know, when you have to push them off your health insurance, just get rid of them!
Big shout out for Tennessee Attorney General Jonathan Skrmetti, Please, Please start the suit. Make it personal and ban every member who voted for this from your state then pull any and all investments from Maine or other business doing business with Maine. Augusta is nothing more then dim-witted cowards, they will fold at the first sign of resistance. The real people of Maine thank you.
The euphemisms the lefties use to describe what this bill ecompasses are strictly out of the Marxist playbook. Phrases like: gender-affirming health care, reproductive health care services, legally protected health care activity, affirmed by a number of other professional medical organizations etc, belie the evil that underlies this travesty. First you change the language to alter the meaning, then over time you change the way people think, then you change the policy. The people who voted for this evil are evil themselves as well as the doctors who would butcher children under this laws protection. They won’t stop at this either. They will continue to push the envelope so to speak. Anyone who does this to children should be locked up
Enough acting as though the Dems consider reason, logic or biological facts on this or most subjects. They are freaks with an agenda which is to destroy the traditional nuclear family. They’ll run around with their “Harm an animal, go to jail” bumper stickers, but think nothing of mutilating children. What a disgraceful bunch of Marxist revolutionary wannabes!