LGBTQ rights in Maine

Discrimination on the basis of sexual orientation and gender identity is prohibited in the areas of employment, housing, credit and public accommodations.

A revision in 1840 removed the gender-specifics (heterosexual sodomy was made criminal), the one year of solitary confinement and the hard labor provision.

In State v. Cyr, the Maine Supreme Court unanimously ruled that fellatio (oral sex) constituted an offense and fell under the scope of the sodomy statute as being a "crime against nature".

In 1939 in the case of State v. Langelier, the same court held that consent was no defense to a charge of sodomy (both consensual and non-consensual activity could be prosecuted).

[9] On November 7, 2012, a majority of Maine voters approved the initiative, known as Question 1, by a margin of 53% to 47%, legalizing same-sex marriage in the state.

[11] Maine law permits single LGBT individuals and same-sex couples, whether married or unmarried, to petition to adopt.

[14] Maine law penalizes discrimination in employment, housing, credit, public accommodations and education opportunity on the basis of actual or perceived sexual orientation or gender identity or expression, among other categories.

[21] The law provides penalty enhancements for a crime motivated by the victim's actual or perceived sexual orientation or gender identity, amongst other categories.

[22][23] The gay panic defense is a legal strategy in which defendants accused of violent offenses claim that unwanted same-sex sexual advances provoked them into reacting by way of self-defense.

In April 2024, a bill passed and signed within Maine - by both the Governor and Legislature “protects, defends and safeguards gender-affirming healthcare explicitly” (alongside abortion).

[26] Since November 2019, Maine residents no longer require certification from a medical provider in order to change the gender marker on their driver's licenses and state ID cards.

[32][33][34] In January 2024, following right wing backlash, Maine Democrats voted unanimously to strike a bill which would've provided sanctuary protections to trans minors.

[37] In June 2018, both chambers of the Maine Legislature passed a bill to ban conversion therapy on minors, prior to adjourning sine die.

[44][45] A 2017 Public Religion Research Institute poll found that 71% of Maine residents supported same-sex marriage, while 25% were opposed and 4% were unsure.