Maine’s House Democrats slipped a surprise vote onto Thursday’s legislative calendar to force through a proposed equal rights amendment to the state constitution that would make transgender identity legally inviolable.
“Today we voted on a Constitutional Amendment being brought to the people that would place “gender identity and gender expression” into the Maine Constitution in addition to adding sex and perceived race to give “equal rights” under the law. This would allow for women to be completely erased under Maine law,” said Rep. Katrina Smith (R-Palermo) on Facebook.
“The Constitution of the United States, the 14th amendment, the equal pay act, and Title IX already provide women with the protections we need and any addition is a distraction and meant to advance a dangerous agenda. The Democrats voted to pass this bill, but it would take 2/3 of the House upon enactment to send it to the people,” she added.
House Speaker Ryan Fecteau (D-Biddeford) brought the proposed constitutional amendment forward despite it not appearing on the House’s calendar for the day, giving Republicans short notice to prepare a unified response to the bill from Rep. Holly Sargent (D-York).
Democrats portrayed the bill, LD 260, as a victory for women’s rights and equality broadly, but opponents argued that it would “erase” women by enshrining perceived sex, gender identity, or gender expression as protected classes under the constitution.
Rep. Smith pointed out that the vague language of the bill, which fails to define equality, would give a “blank check” to unelected judges to determine how the amendment is enforced.
“That’s a blank check, handed to unelected judges, bureaucrats, and administrators who run organizations throughout our state. They are the ones who will define what equality means to us,” said Smith.
The proposed amendment would contain protections for “gender identity” similar to those included in the Maine Human Rights Act, a law used by Gov. Janet Mills (D-Maine), Attorney General Aaron Frey, and other officials to justify the inclusion of transgender-identifying males in women’s sports, locker rooms, and restrooms.
The bill passed through the House with a slim 74-69 margin, largely along party lines, though two Democrats, Rep. Dani O’Halloran (D-Brewer) and Rep. David Rollins (D-Augusta), broke with their party and voted against the proposed amendment.
It will now face a Senate vote and, if it passes, be sent back to the House for a final enactment vote. Because the bill proposes a constitutional amendment, it will require a two-thirds majority vote for final enactment, which it is extremely unlikely to receive, given unified Republican opposition.
Even if the bill somehow passes final enactment in the state legislature, it will then move to the citizens of Maine for a referendum vote, where a majority of voters will need to approve the amendment before it becomes law.
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