The Most Important Thing

Kelly, Nicole, Jonas and Wayne Maines, with GLAD attorneys Jennifer Levi and

Ben Klein, outside the Maine Law Court after oral argument June 12, 2013

“I hope [the justices] understand how important it is for students to be able to go to school and get an education, have fun, make friends and not have to worry about being bullied by students or the administration and to be accepted for who they are. That’s the most important thing.” - Nicole Maines

Not long into yesterday’s Maine Supreme Court arguments in our case Doe v. Clenchy, our client Nicole Maines leaned in a little closer to her mother, bringing her head to rest on Kelly Maines’ shoulder. 

It’s good to have a supportive and loving parent around when things get tough, and listening to a cadre of lawyers and judges debating the difficult, discriminatory experiences of your life and your rights as a transgender girl can make for a tough day for a 15-year-old. Her dad Wayne and her twin brother Jonas were also by her side at the arguments.

The family has stuck together and supported each other through the stress of more than four years of legal proceedings and media attention related to the discrimination Nicole experienced as a 5^th grader at her Orono middle school, where administrators rescinded her access to the girls’ restroom after a male classmate followed her into the facility to make trouble. Nicole was forced to use a staff bathroom and separated from the other girls, in violation of Maine’s trans-inclusive non-discrimination law. The reversal forced Wayne and Kelly to withdraw their children from the Orono school system and move to another part of the state so they could attend school quietly and safely.

Know Your Rights: Transgender Rights in New England

 Attend the MA Community Action Day
for Transgender Equal Access

Thursday, January 17, 11am - 1pm at the MA State House

We’ve come a good way towards establishing legal protections for transgender people in New England in the past several years. In 2011, both Connecticut and Massachusetts added gender identity to their anti-discrimination laws, joining Rhode Island (2001), Maine (2005) and Vermont (2007) in providing protections in employment, housing and credit, and, in all but Massachusetts, public accommodations (like restaurants, bars, parks, stores, hospitals, shelters, etc.).

Interning at GLAD: A Chance to Learn From and Contribute to My Community

Guest Post by GLAD Summer Intern Michael Raleigh

On the first day of my internship at GLAD, I was greeted at the door by Eric Carreño, Operations Manager, who offered me a pastry from a silver tray. I knew instantly that the staff at GLAD is awesome.

This has been my first experience working at an office, and I’ve really enjoyed it. I hope any other office I may work at in the future will be modeled after this one. One empowering aspect of GLAD’s culture is the equality throughout the office. As an intern, I’ve never felt pushed aside, and I never feel that my voice is insignificant. I’ve been assigned very few “intern-y” tasks, and they are always quick, painless, and have some sort of positive impact. I never go home feeling that the work I’m doing as an intern at GLAD has no meaning.

I feel much more informed on issues that are very important to me. I understand the legal reasons why the Obama Administration isn’t defending DOMA; I have a deeper understanding of the adversity the LGBTQ community faces; I appreciate every victory of the Civil Rights movement more than before. I’ve also become more cynical about the United States of America’s willingness to afford equal rights to all of its citizens. Before coming to GLAD, I didn’t truly know what DOMA was. I knew it was an anti-gay law, but I didn’t know it forced the federal government to treat some legally married couples as if they had no connection to each other. I wasn’t aware that it was so blatantly discriminatory. In fact, in GLAD’s case Gill v. OPM Judge Tauro of the U.S. District Court of Massachusetts ruled that Congress had no rational basis for the creation of DOMA.

A long-term project I took on in my first week at GLAD consisted of editing and updating a Spanish translation of the “Massachusetts Overview of Legal Issues For Gay Men, Lesbians, Bisexuals and Transgender People” publication. At times this has been an amusing experience, especially when trying to accurately render “foot-tapping” (à la Larry Craig) into Spanish. It has also been a very informative experience: I have had the opportunity to play with texts in multiple languages, and have realized that as much as I love it, I want to try active interpretation because it requires communicating with other human beings.

Speaking of communicating with other human beings: when Bruce Bell, InfoLine Manager, asked me if I would work on the Legal InfoLine, I had many initial reservations. Because I didn’t understand what the InfoLine was, I thought it would be boring and menial; however, when I worked up the courage to take a phone call, I absolutely fell in love with it. The InfoLine is one way I can have a meaningful impact on people’s lives, even though I will likely never meet them. It’s truly amazing to have such an impact in such a short amount of time.

My other big project has been working alongside another intern, Andy Vo, on preparing materials for an upcoming high school GSA leadership conference (16-18 August) at UMASS Amherst. Having just graduated from high school, both Andy and I are very connected to students’ rights issues, so the opportunity to work on a project that was so close to our own experiences was incredible. We learned a ton about the legislation and case law that relates to the rights of students. From this information we created a brochure publication for MA students, designed a button, helped design the blue wrist bands people are wearing in the office (see below), stuffed goodie bags for the GSA leaders, and helped Vickie Henry, Senior Staff Attorney, create a slideshow presentation as well as a timeline of LGBTQ student rights for her presentation at the conference.

GLAD has provided me with opportunities to learn from and contribute to my community in a positive, meaningful, and enduring way. For that, I am forever grateful.

I Was Smiling Inside All the Way Home

Editor’s Note: Please enjoy this inspiring guest post from Wayne, the father of Nicole, a transgender teen GLAD is representing in her fight against harassment and bullying in school. They are quickly becoming influential advocates for Maine’s transgender community, and you will understand why after you read this.

Nicole and I had a very special day on Friday, May 13. My wife Kelly and I are so proud of her. Prior to the Joint Standing Judiciary Committee’s vote on LD 1046, a bill to repeal part of the Maine Human Rights Act to prevent transgender people from using appropriate restroom facilities, we were invited to speak to the Democrats on the committee for about 30 minutes before they voted. Nicole did a great job.

When we arrived in Augusta and she saw the capitol building she got very nervous and scared.

“We are going there?” she asked.

I said, “Yes that is where all of the laws are promulgated and passed into law. Don’t worry, I will be with you and just remember to just be yourself and everyone will love you.”

We parked and walked into the lobby to wait for GLAD attorneys Jennifer Levi and Janson Wu and a couple of lobbyists. Nicole went to the restroom while we were waiting and after about 20 minutes I asked Jennifer to check on her. She was in a great deal of pain from a nervous stomach. After another five minutes I went in to tell her we had to go. She came out looking pretty bad; I was ready to pull the plug. She said she still wanted to go, so we went to our meeting.

I started to tell our story and quickly suggested they ask Nicole what she experienced and how she felt. She had the lawmakers’ full attention. She talked about the good times, what it was like to be a young, out transgender child and how it quickly changed. She talked about the bullying and harassment that she has experienced. She talked about why trans kids only want to go to the bathroom and visit with their friends and why it would be so harmful for trans kids if this bill were to pass. She explained that she currently uses the girl’s bathroom and locker room at her current school without any problems. She ended with explaining how hard it was to have to be stealth, to have her dad live in another town, and how difficult it was to understand what adults were so afraid of, when her peers have no problems with trans kids.

What a rewarding experience to see her finally have a voice. As she talked she became more and more confident and I became more and more proud of her. I could not help think that this might help make up for some of the pain and abuse that she has had to endure.

We went to the work session to wait for the committee vote. We were pulled out a number of times to talk to other key leaders. She did a great job every time. At the end of the day, the vote was 8-5 that LD 1046 "ought not to pass." I believe that Nicole helped move votes in our favor.

She told Jennifer that it was one of the best days of her life – she got to miss school, the vote was favorable, and she got a Snickers bar.

We walked out of the capitol building holding hands, and she smiled and said, “Daddy maybe I should be an attorney like Jennifer, or governor to help make sure we help people.”

I smiled and said, “Sweetie, you can do anything you want. You are a special girl and all you have to do is work hard and never give up.” She stopped and said, “I love you Daddy.” I was ready to cry, but I had promised her I would not cry that day.

We got in the car and she immediately fell asleep. I do not think either one of us slept the night before. As we were driving home, I thought maybe what we are going through is meant to be, maybe this experience will provide her with the energy, the resolve and the motivation to do great things. I was smiling inside all the way home. As I started to calm down and reflected on the morning’s events, I reminded myself that Nicole is still a little girl who will have many hopes and dreams and my job is to make sure she has a chance to explore the many options before her. In the end I just want her to be a happy and well-adjusted young adult who has the confidence and basic skills to do whatever she wants to do with her life. As we rolled into into our driveway I felt good, relaxed and hopeful.

Another GSA is Born

Post by GLAD Attorney Vickie L. Henry

I recently received the exciting news that we had helped a high school student and his friends in Maine form a Gay Straight Alliance (GSA). I would have been happy to sue to found a GSA but it was just as satisfying to persuade the school to do the right thing because it was right for the school. Indeed, GLAD does a lot of work behind the scenes.

GSAs are a fun "case" for GLAD because the law is so good. If requested, just about every school has to permit a GSA. But that does not always mean school officials will quickly or easily approve a GSA. That's where we enter, behind the scenes or publicly as counsel for the students.

Generally speaking (lawyer-speak meaning there are limited exceptions), the Equal Access Act requires a public high school that allows any non-curriculum student group to meet on school grounds to also allow other student groups the same access to the school, including a GSA.

School officials have gotten creative across the country to avoid a GSA but the law is so broad that in nearly every case, the courts have supported the GSA. Some school officials try to stall a GSA, particularly if a senior is involved, because maybe the request will graduate with the senior. So having a younger proponent is helpful. Others try to change the name of the group, which is not permissible. Still others have actually eliminated all non-curriculum groups but that failed - you can just found a curriculum-related club to discuss a subject - say history - from an LGBTQ perspective. Still others have objected with a claim that a GSA would be disruptive. But the law protects the right to form a GSA as long as the GSA itself (versus those who don't like the idea of a GSA) is not causing the disruption.

I want to give a big shout out to the parent helping her child in this case. She went toe-to-toe with the school addressing its concerns and demonstrated - politely but relentlessly - that a GSA would be good for her child and for the school.

One more GSA approved. Today we have one more community where high school kids have an oasis of acceptance and support. Raise your glass (non-alcoholic of course; they're minors).

Fighting For Our Rights Shows Our 'True Colors'

Guest post from GLAD Public Education Intern Alison Kane

As a passionate film student, I am eager to jump at any chance I have to be on set. So, when Amanda at GLAD approached me to help out on April 1^st & 2^nd’s LGBTQ youth rights shoot, “no” was the farthest thing from my mind.

Going into the shoot, I wasn’t sure what to expect. I know how to turn on a camera; I’ve fetched coffee for many a director; and I know the basic lighting skills. However, every time on set is an opportunity to learn more. Going into this project, I didn’t know the director or the actors, unlike most of the student films I have been involved with in the past. Anything could happen. That, for me, was thrilling.

On Friday evening, after rushing into a part of Boston unknown to me after a day’s worth of classes, I finally arrived at the Boston Center for the Arts (BCA). There, I was introduced to Evelyn and the actors from True Colors Out Youth Theater, the youth troupe at the Theater Offensive. Earlier in the week, the youth had collaborated on a script explaining the rights of LGBTQ students in Massachusetts public schools, hashing through the legal jargon to create a straightforward script in their own words. In pairs, the young actors took turns reading the script as Seth, the director, listened in on their individual rehearsals. Though everyone was reading the same script, there were six different stories in those words. Hearing the different voices, different inflections, different ways of empathizing, only got me more excited for the real shoot the next morning.

After the acting exercises, we joined together again to discuss the true stories behind the words in the script. These youth, ranging from sixteen to twenty, each had experienced bullying throughout their time at school. For the most part, the school administration had not addressed the issues and instead they were left to fend for themselves, though luckily, most had a strong base of friends and supporters to help them through. While these stories tore at my heartstrings, they also got me riled up, as they did most of the actors. After someone shared a story, it led to a passionate discussion about what we would have done in that situation or how it should have been handled, but unfortunately wasn’t. Though I was there as another pair of hands, these youth were my age and in that moment, though I had only known them a couple hours, I felt bonded with them in fighting for equality.

The next morning, I arrived back at the BCA at nine a.m. Running on little sleep after crashing on a friend’s couch in the city, I was much in need of a caffeine fix. However, I am no stranger to early morning shoots. Seth had arrived with Josh, his production assistant, and a sedan packed to the brim with equipment. I helped unload the car and lug everything up four stories of a winding staircase to the True Colors rehearsal room. Away from my bubble at school, I learned a lot from simply watching Seth and Josh setup. Most of the equipment was familiar, but I was intrigued by some of the new contraptions Seth had brought along, and learned some tricks I tucked away for my next personal film projects.

Noon rolled around and the True Colors actors were ready for camera. While most of them are seasoned veterans on stage, many have not spent much time on camera. It was amazing watching Seth pull sincere and energetic performances from the actors. However, what was most exciting was seeing the deliveries from the actors once they got warmed up. Ranging from sweet and sympathetic Julia to energetic Anzel to fiery Emma, the same script was read six times, but it never sounded the same. Each personality colored the script in a unique way. Each actor had about a thirty minutes session on camera, going over the script numerous times. While that can be an exhausting task for any actor, the True Colors youth were putting their whole being into their performance. As the day went on, I had heard the script at least thirty times, but it never got old.

As we all helped pack up Seth’s equipment, the bonding that had begun the previous night continued. We had just finished a lengthy day of shooting, but everyone knew we had completed something meaningful and amazing. Some of us exchanged contact information, hoping to meet up again soon. The excitement was present in everyone involved. This video would be shown at youth workshops, and distributed online, hopefully reaching students across the state. I could only imagine some scared and lonely high schooler stumbling across this video and feeling empowered after hearing his rights explained to him from his peers.

With the camera packed away and everyone ready to head home, we bid farewell and went our separate ways. However, the pride of a job well done and the impact of the project we had completed were instilled in all of us. The experience of that weekend will stick with me for a long time. Beyond simply the technical skills, I was fortunate enough to work with some very talented individuals. Their energy surrounding this project is contagious just remembering it. It’s projects like this, and youth like those from True Colors that make the biggest of differences in the end.

The video will premiere April 27 & 28 at two free workshops GLAD is hosting for MA LGBTQ students

Did you go to your high school Prom?

Aaron Fricke and his date Paul talk to attorney John Gaffney just before the Prom.

Photo: Daniel G. Dunn/Picture Group.

LGBT students have dealt with that beloved/dreaded high school ritual - The Prom - in various ways throughout history. Some of us muddled our way through opposite-sex "dates", pretending to have the time of our lives while secretly longing to slow dance with our best friend. Some of us truly did have a great time, spending the evening with a best friend who was also queer. Some skipped the Prom entirely. Some - more, these days - actually did get that special slow dance with the very person they wanted.

In 1980, an 18-year-old student in Cumberland, Rhode Island took a courageous step that helped make it easier for LGBT students to have the Prom experience they deserve. Aaron Fricke went to court to fight for his right to take a male date to his high school Prom, and, with GLAD's help, he won. You can hear Aaron tell his story, along with Attorney John Ward, in this month's podcast (listen at right), Tuxedoes for Two: Fricke v. Lynch, and read more on the case - including press coverage in everything from Gay Community News to People magazine - on GLAD's website.

Did you attend your Prom? Tell us about your experience!


Other sites of interest:
Aaron Fricke at Gay for Today

Aaron Fricke on ourstory.com