If signed by Democratic Gov. Janet Mills, Maine would join more than a dozen states that shield medical providers and others from out-of-state investigations regarding abortions. (AP Photo/Robert F. Bukaty, File)


April 13, 2024

The Maine Legislature, controlled by Democrats, has given its final approval to a bill aimed at safeguarding healthcare workers who provide abortion and gender-affirming care from facing legal action in other states.

Once signed by Democratic Governor Janet Mills, Maine will become one of over a dozen states implementing laws that protect medical providers and others from facing investigations from out-of-state authorities regarding abortions. Republicans opposed the bill, viewing it as a measure to shield against out-of-state lawsuits.

The bill received a 21-13 vote in the Maine Senate on Friday, following a previous vote of 76-67 in the House.

The legislative decision comes after attorneys general from 16 states, including Tennessee, threatened legal action if Maine proceeded with the shield law, claiming it would impede investigations into those providing abortions and gender-affirming care for children. Maine's Attorney General Aaron Frey dismissed these threats as baseless, stressing the necessity of shield laws to prevent other states from penalizing lawful practices occurring within Maine's borders.

The debate surrounding the bill was heated, with tensions escalating in the Maine House on Thursday. Two lawmakers faced censure after one of them insinuated that the legislature was invoking divine retribution, such as mass shootings and natural disasters, through its enactment of such laws. Both lawmakers were required to issue formal apologies on the House floor before being permitted to speak and vote.

Advocates of the bill, including Lisa Margulies from Planned Parenthood Maine Action Fund, expressed gratitude to legislators for standing up against threats and disinformation to protect access to safe and legal medical care in Maine.

Abortion has been legalized in Maine throughout all stages of pregnancy with a doctor's approval. Last year, lawmakers also passed a bill allowing 16- and 17-year-olds to receive limited gender-affirming care without parental consent in certain cases, although parental consent is still required for gender-reassignment surgery for minors.

Since the U.S. Supreme Court overturned Roe v. Wade in 2022, states have taken divergent approaches to abortion rights. While Republican-led states have implemented bans or restrictions on abortions, Democrat-dominated states have moved to protect access to abortion services.

At least 13 states have enacted shield laws to protect medical providers from out-of-state investigations concerning abortions, with nine states, including Maine, implementing executive orders outlining similar policies.

Similar trends are observed regarding gender-affirming care for minors. Over the past three years, 24 states have enacted laws restricting treatments like puberty blockers and hormone therapy for minors. Additionally, at least 12 states have enacted shield laws protecting providers of gender-affirming care, with two states issuing executive orders to the same effect.

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