Nicole Maines’ family and the Maine Human Rights Commission sued the Orono school district after school officials required her to use a staff restroom instead of a student restroom in 2009. The state’s highest court has now ruled that school officials did in fact violate the state of Maine’s anti-discrimination laws. The court also concluded that the school’s actions also violated the Maine Human Rights Act, which does not allow discrimination on sexual orientation or gender identity. This overturns a lower court’s ruling that the district acted within its discretion. According to Gay & Lesbian Advocates & Defenders’ Transgender Rights Project, this ruling represents the first time a state high court has concluded that any transgender person should use the bathroom of the gender in which they identify. The federal courts have not taken up the issue.
