In a heated debate, the Maine Legislature has advanced a bill aimed at protecting providers of legally protected abortion and gender-affirming care from hostile out-of-state litigation. The proposal, which has now passed through both chambers of the Legislature, will face further votes before reaching the desk of Governor Janet Mills.

The Senate approved the bill with a 21-13 vote on Thursday, following a 80-70 approval from the House of Representatives the day before. The House vote took place late at night after an emotional debate that lasted for over three hours, resulting in the censure of two Republican lawmakers.

The legislation is a response to efforts by other states to restrict or ban abortion and gender-affirming care, and to punish their residents who seek these services in states where they are still legal. Some of these states have gone as far as seeking to prosecute medical providers in other states and obtain the medical records of patients who travel for such services.

According to Representative Amy Kuhn, the bill was introduced to protect Mainers who provide legal healthcare in the state. It aims to ensure the state's sovereignty in setting and enforcing its own laws without interference from other states. Proponents of the bill argue that this concept should not be controversial or surprising.

Planned Parenthood, which played a role in drafting the bill, expressed support for lawmakers following the Senate vote. Lisa Margulies, vice president of the Planned Parenthood Maine Action Fund, lauded the outcome, stating that it showed that the majority of elected leaders in the Maine State Senate prioritize facts, compassion, and urgency in addressing reproductive healthcare and care for transgender individuals.

Opposition to the bill primarily came from Republican lawmakers who strongly disagreed with the existing laws in Maine that allow for gender-affirming care and abortion. Many Republicans focused their arguments on the potential impact on minors, particularly 16- and 17-year-olds who can receive these services under certain circumstances. They raised concerns that the bill could turn the state into a safe haven for kidnapping and human trafficking.

Representatives David Haggan and Michael Lemelin, both Republicans, made particularly strong statements against the bill, with Lemelin calling it "the purest form of evil" inspired by Lucifer himself. Both lawmakers were subsequently censured by the House of Representatives for repeatedly breaking decorum rules.

While Republicans raised concerns about the impact on minors, Senate Democrats emphasized that the bill's purpose is to protect healthcare providers who offer legally protected services to adults. They clarified that the bill would not change existing laws or policies related to abortion or gender-affirming care, nor would it prevent law enforcement agencies from investigating suspected crimes such as trafficking and kidnapping.

Critics of the bill expressed worries about a potential increase in unnecessary gender-affirming care. However, supporters, including Representative Sam Zager, a family physician, stated that the standards of care for gender dysphoria require a thoughtful and rigorous process before providing gender-affirming care. They stressed that the diagnosis should be based on a longstanding condition and not made hastily.

If passed, the bill (L.D. 227) would safeguard Maine practitioners who provide legally protected healthcare in the state from out-of-state litigation. The bill would not protect practitioners who deviate from accepted standards of care or engage in criminal behavior. Anyone harmed by hostile out-of-state litigation would have the right to file a civil lawsuit against the party that initiated the suit.

As the bill awaits final votes in both chambers of the Maine Legislature, if approved, Maine will join the ranks of 17 states and Washington, D.C., that have enacted similar laws to protect healthcare providers from legal action by states that have banned or restricted abortions. Additionally, 11 states and Washington, D.C., have enacted laws protecting providers of gender-affirming care.

The bill's late introduction caused confusion and criticism about its goals and sponsors' motivations. This has led lawmakers from both parties to consider reforms to placeholder bills, following the U.S. Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization, which overturned the nationwide right to abortion guaranteed by the Roe v. Wade decision.

The final outcome of the bill will ultimately depend on further votes in the Maine Legislature and the decision of Governor Janet Mills.