Transgender Maine teen in court fighting for right to use girls’ bathroom… and is supported by her identical twin brother


Daily Mail

A transgender girl and an elementary school that required the fifth-grader to use a staff bathroom instead of the girls restroom clashed before Maine’s highest court today.

The judge will decide whether Nicole Maines’ rights were violated, a case that lays bare the difficult decisions facing school administrators.

The 15-year-old student is a biological male, who has an identical twin brother Jonas, but from an early age Nicole identified as a girl.

Identical twins: Jonas Maines, left, and his transgender sister, Nicole Maines, stand outside the Penobscot Judicial Center in Bangor, Maine

Identical twins: Jonas Maines, left, and his transgender sister, Nicole Maines, stand outside the Penobscot Judicial Center in Bangor, Maine – they were born twin boys

The family and the Maine Human Rights Commission sued, but a judge in the state’s lower Superior Court ruled that the Orono school district acted within its discretion by requiring her to use a staff bathroom after there was a complaint about the student using the girls bathroom.

After Wednesday’s hearing, the student, Nicole Maines, who’s now 15 and attending a high school in southern Maine, said she wouldn’t wish her experience on anyone else and hope the justices hear her out.

‘I hope they understood how important it is for students to be able to go to school and get an education and have fun and make friends, and not have to worry about being bullied by students or administration, and be accepted for who they are,’ the sophomore said.

At issue is whether the school violated the Maine Human Rights Act, which bars discrimination based on sex or sexual orientation.

But state law also requires separate bathrooms for boys and girls in schools.

Fighting in human rights case: Nicole Maines, right, stands with her brother Jonas Maines, and her mother, Kelly Maines, during a hearing before the Maine Supreme Court after she was made to use staff bathrooms at school

Fighting in human rights case: Nicole Maines, right, stands with her brother Jonas Maines, and her mother, Kelly Maines, during a hearing before the Maine Supreme Court after she was made to use staff bathrooms at school

Court hearing: Chief Justice Leigh Sauffley of the Maine Supreme Court, speaks during the hearing of arguments over a school district's handling of Nicole Maine's restroom needs

Court hearing: Chief Justice Leigh Sauffley of the Maine Supreme Court, speaks during the hearing of arguments over a school district’s handling of Nicole Maine’s restroom needs

Melissa Hewey, lawyer for the school and school district, said afterward it should be up to the Legislature to clarify the issue.

‘To the extent that the people in Maine decide that this law in Maine should be changed, then that should be done. But right now the law is what it is, and our school district didn’t violate it,’ she said.

The case goes beyond just the bathroom issue to the broader question of what’s best for transgender students, said Jennifer Levi, director of Transgender Rights Project for the Gay & Lesbian Advocates & Defenders.

‘At the core of this case is whether the promise of equal educational opportunities for transgender students is realized,’ she said.

It’s a topic that school administrators are grappling with nationwide.

Policies about transgender adults are still evolving, and the thinking about how to handle children who identify with the gender opposite of the sex they’re born with is even more complex.

Last year, the American Psychiatric Association removed ‘gender identity disorder’ from its list of mental health ailments.

Emotional case: Nicole Maines is a biological male who from an early age identified as a girl

Emotional case: Nicole Maines is a biological male who from an early age identified as a girl

Attorney's statement: Jennifer Levi, attorney for transgender student Nicole Maines, second from left, speaks to reporters outside the Penobscot Judicial Center

Attorney’s statement: Jennifer Levi, attorney for transgender student Nicole Maines, second from left, speaks to reporters outside the Penobscot Judicial Center

And the Maine Chapter of the American Academy of Pediatrics filed a brief urging that transgender children be allowed to use the bathroom of their choice.

School officials initially allowed her to use the girls bathroom in her school, but the policy was altered after the grandfather of a fifth-grade boy complained to school officials.

Maines’ attorneys said she felt like she was singled out by having to use the staff bathroom.

The family and their child are not identified in the lawsuit alleging discrimination under the Maine Human Rights Act.

But they’ve since been identified Wayne and Kelly Maines and their identical twins, Nicole and Jonas.

Wayne Maines struggled to maintain his composure as he gave a brief statement outside the Penobscot Judicial Center, where the Maine Supreme Judicial Court heard the arguments.

‘It has been extremely difficult, but I’m pleased to be here and to have our case heard, and I’m very hopeful for a good outcome,’ he said, with Nicole, Jonas and his wife at his side.

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4 replies

  1. Hard to pick the word for this……Is it more sad or sick!What happened to the days when a baby was born and the parents were told you have a baby girl or boy………..satan is about the most ignorant being that ever was….That’s why he was cast out of heaven,because he thought he was smarter than God! Just like these people who think they can mess with God’s workmanship and call themselves something their not.You can put lipstick on a pig,but it’s still a pig!.
    Julia

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    • Those “days when…” have never existed, because transgender people have existed across culture and time. For evidence of this, look to the Bible; Mathew 19:12

      “For there are some eunuchs, which were so born from their mother’s womb: and there are some eunuchs, which were made eunuchs of men: and there be eunuchs, which have made themselves eunuchs for the kingdom of heaven’s sake. He that is able to receive it, let him receive it.”

      Castration was the hormonal and surgical treatment of the day, affording adolescents an out from puberty (and development of secondary sex characteristics). SO… Whether an individual being transgender is born that way (as neurobiology suggests), made that way by men (as in birth defects from medications, or from socialization) or becomes that way for the Kingdom of Heaven’s sake (as in being a better person for themselves and others), they are justified.

      -Is cleft palate God’s workmanship?
      -Is retinal blastoma God’s workmanship?
      -Why is this magical one, being transgender, the only clinical condition for which God is personally responsible and why can’t we respect it and treat it?

      Do us all a favor and actually read the Bible.

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      • Tony, I have actually read the Bible with the intent to understand the whole of it, not just one phrase in a chapter as you have. In studying the Bible you have to look at the verses before and after. If you had done that, you would see that Jesus was talking about marriage between a man and a woman. You would see that Jesus was speaking about those who made theirselves this way for the kingdom of heaven, were doing this (abstaining) because they thought this was righteous. Paul teaches on this also, and say’s if you can’t control your emotions or sexual desires than it’s better to marry. There were no transgenders in the Bible as there are today. I’m sorry you need to actually look at the difinition of a Eunuch. I have given a link to this. A Eunuch was a man who received castration to hold a position with royalty usually to watch over a harem. Some were done with the man’s permission, other’s weren’t. It can also mean that a MAN is strong and wishes to remain celebate. As Jesus and Paul speak of when they speak of abstaining. Your twisting the scriptures to meet your wants. That is heresy. You can not accept the truth, that this is a sin, plain and simple. This has nothing to do with a man believing in his mind that he is a woman, or vice versa. It has nothing to do with a man wanting sex with a man or a woman wanting sex with a woman. Jesus did not see seek a doctor and he will perform surgery to give you the right sexual organs so you can do as you want. He did not say come and I will correct my father’s mistake and give you the right sexual organs. And yes, I do agree that these need counseling and psychiatric help. But society today refuses this. They say it’s not a disease that can be treated they wish to ignore and push their way of life on the rest, and when innocent children are involved it’s harming, not helping.

        The verse your referring to that say’s ‘let him receive this word’, means that his words on divorce would not be received by men, so he said of His words about divorce, let him who will receive it, receive it. Jesus often ended his teachings in this way. I have included the passages that you spoke of with the verses before, from the strong’s Bible concordance complete with listing and links to the meanings of the actual translations. The verses after what you refer to are about Jesus praying for the children. After His teaching on divorce and abstinance He told the disciples to bring Him the little children so He could pray for them. I will not debate this further with you or anyone. If you need help seek a minister, one who teaches the Bible.

        Take your hatefulness somewhere else.

        http://en.wikipedia.org/wiki/Eunich

        From Strongs Bible Concordance
        He saith 3004 unto them 846, 3754 Moses 3475because of 4314 the hardness 4641 0 of your 5216hearts 4641 suffered 2010 you 5213 to put away 630your 5216 wives 1135: but 1161 from 575 the beginning 746 it was 1096 not 3756 so 3779.

        Mat 19:9
        And 1161 I say 3004 unto you 5213, 3754 Whosoever3739 302 shall put away 630 his 846 wife 1135, except 1508 [it be] for 1909 fornication 4202, and2532 shall marry 1060 another 243, committeth adultery 3429 : and 2532 whoso marrieth 1060 her which 3588 is put away 630 doth commit adultery3429 .

        His 846 disciples 3101 say 3004 unto him 846, If 1487the case 156 of the man 444 be 2076 so 3779 with3326 [his] wife 1135, it is 4851 0 not 3756 good 4851to marry 1060 .

        Mat 19:11

        But 1161 he said 2036 unto them 846, All 3956 [men] cannot 3756 receive 5562 this 5126 saying 3056, save 235 [they] to whom 3739 it is given 1325 .

        Mat 19:12
        For 1063 there are 1526 some eunuchs 2135, which3748 were so 3779 born 1080 from 1537 [their] mother’s 3384 womb 2836: and 2532 there are 1526some eunuchs 2135, which 3748 were made eunuchs 2134 of 5259 men 444: and 2532 there be1526 eunuchs 2135, which 3748 have made 2134 0themselves 1438 eunuchs 2134 for 1223 the kingdom 932 of heaven’s sake 3772. He that is able1410 to receive 5562 [it], let him receive 5562 [it].

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  2. i can dress like a cow and make noises like a cow, does that make me a cow? There’s no such thing as “transgender” ,i feel sorry for this boy and his unrealistic wishes,which are just that…

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