PORTLAND, Maine — A new law took effect Friday in Maine that shields providers of abortion and gender-affirming care from legal action by states that have restricted or banned the practices.
"This shield law seems to be acting as exactly that—it is a shield," Mary Bonauto said, who heads civil rights and legal strategies at GLAD, an LGBTQ advocacy group (not to be confused with GLAAD, a different nonprofit with a similar mission).
Under the new provision, Maine law enforcement would not be allowed to help an out-of-state investigation into health care practices that are legal in Maine. Most out-of-state subpoenas for patient information related to legal care in Maine would also be denied.
For supporters of the effort, the goal is to prevent overzealous and restrictive state governments from prosecuting beyond their borders.
"This is care in Maine that’s lawful in Maine," Bonauto added. "Why would you assist in another state in trying to further its agenda?"
Maine is now one of more than a dozen states to put a shield law into effect. The movement is largely a reaction to the number of states that have restricted and banned abortion since the U.S. Supreme Court overturned Roe v. Wade in 2022.
To Lisa Margulies, who serves as vice president of public affairs for the Planned Parenthood Maine Action Fund, these laws are much needed.
"Extremists opposed to this care won’t stop with their attacks," Margulies said.
The Maine shield law still faces sharp resistance. Before it passed this spring, 16 Republican state attorney generals wrote a letter to Maine leaders threatening legal action should the shield bill become law. The letter says the Legislation could "trigger a rapid tit-for-tat escalation that tears apart our Republic."
Maine Attorney General Aaron Frey in response to this letter called the issues raised "meritless."
Opposition from Republicans in Maine has been equally fierce. Rep. Katrina Smith is concerned the law will hamper the ability of law enforcement to do its job, questioning the logic of protecting certain caregivers.
"Why do they need to be shielded? Why are they not able to face repercussions?" Smith questioned.
The law only refuses to cooperate with investigations into best-practice health care that is legal in our state. Maine law enforcement could still assist in any action against health care that is illegal in Maine.
Smith also raised concerns that the privacy protections in the law will make it difficult for parents from out-of-state to know if their children received gender-affirming care in Maine, which she believes is wrong.
"If people are crossing state lines to come here, we need to know how to deal with the situations that occur," Smith said.
The new shield law will not impact which health care practices are legal or illegal in Maine.