High Court Reverses Transgender Ruling

Jon Small

Updated 6 months ago

Maine’s highest court has overturned a lower court ruling about how the Orono school district handled a situation involving a fifth-grade transgender girl.

The family of Nicole Maines and the Maine Human Rights Commission sued after she was denied access to the girls’ bathroom at her elementary school in 2007.

A Superior Court judge ruled the school district acted within its discretion by requiring Maines to use a staff bathroom after there was a complaint about her using the girls’ bathroom.

But in a written ruling issued today, the Maine Supreme Court said while the school had a program in place designed to address gender identity issues, banning Maines from the girls’ bathroom constituted discrimination.


  • Rev. John Walsh

    How does a fifth grader understand anything about their sexuality? It is sad we place this burden on so many people!

  • Natacha Elston

    A fifth grader knows how they feel as a person when they look at their peers n feel they are more like one group or the other. Just because they’re young doesn’t mean their unable to figure out they don’t feel right being forced to be the opposite of how they feel inside.

  • disqus_7JGoDeb2Pb

    Orono made a reasonable accomodation by using a unisex bathroom for this student. Allowing a physically male student to use a female bathroom is not reasonable. If and when a transgender reconstruction is done it is reasonable for the person to utilize the apropriate rest room.
    Our courts are too fixated on trying to be “fair” to everyone and in the process are really “fair” to no one.

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