Democrats Vote Down Trans Refuge Bill In Maine After Right-Wing Attacks

Maine's Judiciary Committee voted down House Bill 1735, a shield law for transgender people fleeing other anti-trans state laws, after the cosponsor asked for his own bill not to pass.

On Thursday afternoon, Maine’s Judiciary Committee, controlled by Democrats, voted down House Bill 1735, a bill that would establish Maine as a refuge state for transgender people obtaining care across state lines. The vote to kill the bill came after a relentless social media campaign from leading national anti-trans activists targeting Democrats on the committee with disinformation about what the bill would do. In the Thursday working session, Representative Matt Moonen stated that some of the language in the bill that has come under attack “did not further the goals” intended of the bill and moved that the bill “ought not to pass,” essentially recommending that his own bill be killed in committee.

The bill included several provisions aimed at protecting transgender individuals who travel to Maine for their care. Some provisions shielded patients and providers from investigations by other states, such as those currently being led by AG Ken Paxton of Texas, who is subpoenaing hospitals across state lines for medical information on trans patients. Other sections designated the arrest and extradition of transgender individuals and their providers to other states for “crimes” around obtaining care as a "lowest priority" for law enforcement. However, the section of the bill that garnered the most media attention was the one protecting abused and neglected transgender youth. It proposed allowing judges jurisdiction over cases involving their presence in the state and also included measures to protect parents in custody disputes where one parent consents to the child receiving care and the other does not.

This sparked an intense pressure campaign from prominent anti-trans social media influencers and organizations, targeting the committee members. They received an overwhelming number of emails and phone calls, spurred by calls to action from far-right media. Libs of TikTok, known for posts frequently followed by bomb threats against LGBTQ+ individuals and allies, inaccurately claimed that the bill would "take custody of kids" from parents who oppose gender-affirming care; this post received 7 million views. Other accounts, including Riley Gaines and Chloe Cole, a political detransitioner and right-wing media figure, amplified posts labeling the bill as a "transgender trafficking bill." Meanwhile, right-wing media outlets with a history of anti-trans reporting, such as the Daily Signal and the Daily Caller, published articles echoing similar assertions.

Following the pressure campaign, a previously scheduled meeting for January 17th on the bill was postponed to January 25th. On Thursday, that hearing happened, with one of the cosponsors of the bill, Rep. Moonen, stating that despite the bill’s protections, it “ought not to pass” because there was language in the bill that “is not needed” to accomplish the goals of protecting patients and providers from out of state prosecutions. The committee then voted the bill down 12-0.

See the moment from the hearing here:

Following the hearing, large anti-trans accounts and publications praised the outcome. Meanwhile, local news media questioned local LGBTQ+ organizations on the result. Gia Drew, executive director of Equality Maine, said in an interview with the Maine Morning Star that she “expects the goals behind the proposal to be revisited,” stating that the bill was a “complex issue.” She also noted that voting down the bill would not change access for people in Maine and that this was “not the end.”

Maine rejecting the bill after putting it up for a vote is significant. Currently, 14 states and the District of Columbia have approved similar protections for transgender people seeking care across state lines. Maine may be the first state with both a Democratic governor and legislature to strike down such a bill, and the second state in the region to see puzzling votes from Democrats over transgender rights. Earlier this year, a handful of New Hampshire Democrats joined Republicans in passing a bill that could restrict bathroom access in the state, a move that raised similar questions over the commitment of State Democrats towards protecting their transgender citizens.

You can see a list of refuge states here:

Trans Refuge Laws, source: Movement Advancement Project

Gia Drew, Executive Director of Equality Maine, stated in an interview with Erin In The Morning that the bill was “probably not the right fit” for Maine and that “the climate has changed” over the issue, pointing to some of the complexities within the bill as well as outside disinformation attacks. When asked why the bill wasn’t amended to make it a better fit, she stated that she did not know why that route was not chosen.

Drew did express hope, however, for future versions of the legislation and pointed to prior successes, stating, “We were able to pass one of the most historic laws last year in that same committee.” The state had previously passed a law that allowed trans youth above the age of 16 to consent to gender affirming care without parental approval.

Future legislation on this issue is uncertain. There is no other pending legislation in the state establishing it as a refuge for transgender people.

The offices of Representative Matt Moonen and Senator Ann Carney were contacted for comment. Comments will be provided should they be received.