New Maine Law Wicked Smaht, Will Save Trans Teens' Lives, Ayuh

It's a real Bangor.

A round of applause for the state of Maine (Motto: "No, we're not Canada. Yes, we speak English"), where Gov. Janet Mills (D) earlier this week signed into law HB 535, which will give transgender teens aged 16 and 17 the ability to consent to gender-affirming hormone therapy in certain circumstances. It's a hell of a nice change from the national rightwing movement to rile up Republican voters by picking on trans kids, and is likely to do trans teens a world of good.

Previously!

 Minnesota Nice Time: Give Us Your Trans Refugees, America 

 Jay Inslee: Send Me Your Trans Kids And Women Needing Abortions, But Not Your AR-15s 

 Good News! NJ Now Safe State For Trans Refugees! Bad News: Idaho Creating Many Trans Refugees 

As indy journalist Erin Reed points out, the new law simply adds gender-affirming care to the list of other medical services Maine 16-year-olds can already consent to without parental permission, like abortion, prescription birth control, and testing for STIs. The law only covers gender-affirming hormone therapy, not surgery, a point that will probably have to be explained very patiently to wingnuts who love to lie extravagantly and gruesomely about that.

As Reed notes, there are a number of conditions a 16-year-old would need to meet to consent to gender-affirming care. In addition to the minimum age of 16, the option is limited to a teen whose parent or guardian has denied consent for the care. The teen would have to be diagnosed with gender dysphoria by a healthcare professional, who would also have to say that in their judgment the teen would be harmed by not receiving gender-affirming care.

The minor also has to be informed of all the options available for treatment, including all the information any patient needs in order to give informed consent, like potential side effects (including, we hope, the slim chance they might gain superpowers, but we're not sure about that one). And the medical provider must assess that the teen is, as the law puts it, "mentally and physically competent to give consent."

HB 535 is just the latest in a series of laws and regulations Maine has enacted to protect LGBTQ rights; in 2019, Mills signed a bill banning "conversion therapy" being inflicted on minors (adults can pursue it if they want to waste the money and emotional distress). The Legislature passed a similar bill in 2018, but it was vetoed by then-Gov. Paul LePage (R-Bigot). And last year, Mills signed a billending the requirement that name changes be publicly announced, which not only led to trans people being outed, but also required people changing their names to buy the legal notice ads, and why would anyone need that?

The Maine Lege wasn't able to get the votes this session to pass a transgender shield law to protect transgender healthcare rights and prohibit Maine agencies from cooperating with prosecutions of families from other states. Democrats say they'll try again next year. As Reed reminds us, legislation to protect trans youth very literally saves lives:

Gender affirming care is uniquely life-saving for trans youth, and access to it is incredibly important. Gender affirming care has been associated with a 73% lower suicidality for those able to access it. In another study, transgender youth able to access care saw a 40% reduction in suicide attempts in the past year. Over 50 studies provide evidence for the importance of gender-affirming care, as put together by the Cornell University Center for the Study of Inequality. Laws like this save lives.

And with the signing of HB 535, the options for people looking to live in a state that isn't ruled by fear and bigotry have now expanded.

[ Erin in the Morning / WBUR / Maine HB 535 / Image: Vintage postcard via Boston Public Library, Creative Commons License 2.0 ]

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