An Act To Extend Civil Rights Protections to All People Regardless of Sexual Orientation
Maine Legislature, Session 122, LD 1196
Committee: Judiciary
Sponsors: TURNER, BROMLEY, EDMONDS, MITCHELL, DUDLEY, MUSE, NORTON, RICHARDSON, THOMPSON
Amends: 5 MRSA §4552, 5 MRSA §4553, 5 MRSA §4566, 5 MRSA §4571, 5 MRSA §4572, 5 MRSA §4582, 5 MRSA §4591, 5 MRSA §4592, 5 MRSA §4595, 5 MRSA §4596, 5 MRSA §4601, 5 MRSA §4602, 5 MRSA §4612

Legislative Document 
No. 1196 
S.P.413 
In Senate, March 8, 2005 
An Act To Extend Civil Rights Protections to All People Regardless 
of Sexual Orientation 
Reference to the Committee on Judiciary suggested and ordered printed. 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator TURNER of Cumberland. (GOVERNOR'S BILL) 
J 
Cosponsored by Representati ve PERRY of Calais and 
Senators: BROMLEY of Cumberland, President EDMONDS of Cumberland, MITCHELL of 
Kennebec, Representatives: DUDLEY of Portland, MUSE of Fryeburg, NORTON of Bangor, 
Speaker RICHARDSON of Brunswick, THOMPSON of China. 
Printed on recycled paper 
Be it enacted by the People of tbe State of Maine as follows: 
Sec. 1. 5 MRSA §4552. as amended by PL 1993, c. 327, §l, is 
further amended to read: 
§4552. 
Policy 
To protect the public health, safety and welfare, it is 
declared to be the policy of this State to keep continually in 
review all practices infringing on the basic human right to a 
life with dignity, and the causes of these practices, so that 
corrective measures may, where possible, be promptly recommended 
and implemented, 
and to prevent discrimination in employment, 
housing or access to public accommodations on account of race, 
color, sex, sexual orientation, physical or mental disability, 
religion, 
ancestry 
or 
national 
origin; 
and 
in 
employment, 
discrimination on account of age or because of the previous 
assertion of a claim or right under former Title 39 or Title 39-A 
and 
in housing 
because 
of 
familial 
status; 
and 
to 
prevent 
discrimination in the extension of credit on account of age, 
race, color, sex, sexual orientation, marital status, religion, 
ancestry or national origin; and to prevent discrimination in 
education on account of sex, sexual orientation or physical or 
mental disability. 
Sec. 2. 5 MRSA §4553, sub-§6-A, as enacted by PL 1979, c. 350, 
§l, is amended to read: 
6-A. 
Normal retirement age. "Normal retirement age" means 
the specified age, the years of service requirement or any age 
and years of service combination at which a member may become 
eligible for retirement benefits. This subsection sRall may not 
be construed to require the mandatory retirement of a member or 
to 
deny 
employment to 
any person based solely on Ris that 
person's normal retirement age. 
Sec.3. 5 MRSA §4553, sub-§9-C is enacted to read: 
9-C. 
Sexual orientatipn. 
"Sexual 
orientation" 
means 
a 
person's 
actual 
or 
perceived 
heterosexuality, 
bisexuality, 
homosexuality or gender identity or expression. 
Sec. 4. 5 MRSA §4553. sub-§10. 'E. as amended by PL 1983, c. 
578, §2, is further amended to read: 
E. 
In determining whether aay 
Q person is acting as an 
agent or employee of another person so as to make such other 
person responsible for Ris that person's acts, the question 
of 
whether 
the 
specific 
acts 
performed 
were 
Page l-LR2263(1) 
I 
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actually authorized or subsequently ratified shall ~ not he 
controlling; aRe 
Sec. 5. 5 MRSA §4553, sub-§10, 1F, as enacted by PL 1983, c. 
578, §2, is amended to read: 
F. 
Unlawful 
educational 
discrimination 
as 
defined 
and 
limited by subchapter V-8T 5-B; and 
Sec. 6. 5 MRSA §4553, sub-§lO, 1JG is enacted to read: 
G. 
Discrimination 
in 
employment, 
housing, 
public 
accommodation, 
credit and educational opportunity on the 
basis 
of 
sexual 
orientation, 
except 
that 
a 
religious 
corporation, 
association 
or 
organization 
that 
does 
not 
receive public funds is exempt 
from this provision with 
respect to: 
(1) 
Employment, as is more fully set forth in section 
4553, subsection 4 and section 4573-A; 
(2) 
Housing, 
as is more fully set forth in section 
4553, subsection 6, paragraph C; and 
13) 
E~~tional 
op~QX~~~itY-, 
as is more 
fully set 
forth in section 4602, subsection 4. 
Any for profit organization owned, controlled or operated by 
a religious association or corporation and subject to the 
provisions of the Internal Revenue Code, 
United States 
Code, Section 5ll(a) is not covered by the exemptions set 
forth in this paragraJUl~ 
Sec. 7. 5 MRSA §4566, sub-§6, as amended by PL 1991, c. 99, 
§3, is further amended to read: 
6. 
Advisory groups. 
To create local or statewide advisory 
agencies and conciliation councils to aid in effectuating the 
purposes of this Act. 
The commission may study or may empower 
these 
agencies 
and 
councils 
to 
study 
the 
problems 
of 
discrimination in all or specific fields of human relationships 
when based on race or color, sex, sexual orientation, physical or 
mental disability, religion, 
age, 
ancestry or national origin, 
and 
foster 
good will 
among 
the 
groups 
and 
elements 
of 
the 
population 
of 
the 
State. 
Agencies 
and 
councils 
may 
make 
recommendations to the commission for the development of pOlicies 
and 
procedures. 
Advisory 
agencies 
and 
conciliation councils 
created 
by 
the 
commission 
shall 
must 
be 
composed 
of 
representative 
citizens 
serving 
without 
pay, 
but 
with 
reimbursement for actual and necessary traveling expenses; 
Sec. 8. 5 MRSA §4566, sub-§10, as amended by PL 1991, c. 99, 
§4, is further amended to read: 
10. 
Publications. 
To publish results of investigations and 
research 
to 
promote 
good 
will 
and 
minimize 
or 
eliminate 
discrimination based on race or color, sex, sexual orientation L 
physical 
or 
mental 
disability, 
religion, 
age, 
ancestry 
or 
national origin; 
Sec. 9. 5 MRSA §4566, sub-§II, as amended by PL 1991, c. 99, 
§5, is further amended to read: 
11. 
Reports. 
To report to the Legislature and the Governor 
at least once a year describing the investigations, proceedings 
and hearings the commission has conducted and the outcome and 
other 
work 
performed 
by 
the 
commission, 
and 
to 
make 
recommendations 
for 
further 
legislation 
or 
executive 
action 
concerning abuses and discrimination based on race or color, sex, 
sexual orientation, physical or mental disability, religion, age, 
ancestry or national 
or~g~n, or other infringements on human 
rights or personal dignity: and 
Sec. 10. 5 MRSA §4571, as amended by PL 1991, c. 99, §6, is 
further amended to read: 
§457l. 
Riqht to freedom from discrimination in employment 
The 
opportunity 
for 
an 
individual 
to 
secure 
employment 
wi thout 
discrimination 
because 
of 
race, 
color, 
sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, 
religion, 
age, 
ancestry or national origin is recognized as and declared to be a 
civil right. 
Sec. 11. 5 MRSA §4572. sub-§l. 1l1lA, Band C, as amended by PL 
1991, c. 885, Pt. E, §7 and affected by §47, are further amended 
to read: 
A. 
For any employer to fail or refuse to hire or otherwise 
discriminate against any applicant for employment because of 
race or color, sex, sexual orientation, physical or mental 
disability, 
religion, 
age, 
ancestry 
or 
national origin, 
because of the applicant's previous assertion of a claim or 
right under former Title 39 or Title 39-A or because of 
previous actions taken by the applicant that are protected 
under Title 26, chapter 7, subchapter V-8 5-B: or, because 
of those reasons, to discharge an employee or discriminate 
with 
respect 
to 
hire, 
tenure, 
promotion, 
transfer, 
compensation, terms, conditions or privileges of employment 
or 
any 
other matter directly or 
indirectly related to 
employment; or, in recruiting of individuals for employment 
\ 
./ 
JO 
J6 
J 
')0 
or in hiring them, to utilize any employment agency that the 
employer knows or has reasonable cause to know discriminates 
against individuals because of their race or color, sex, 
sexual orientation, physical or mental disability, religion, 
age, ancestry or national origin, because of their previous 
assertion of a claim or right under former Title 39 or Title 
39-A or because of previous actions that are protected under 
Title 26, chapter 7, subchapter V-S 5-B; 
(1) 
This paragraph does not apply to discrimination 
governed by Title 39-A, section 353; 
B. 
For any employment agency to fail or refuse to classify 
properly, 
refer for 
employment or otherwise discriminate 
against any individual because of race or color, sex, sexual 
orientation, physical or mental disability, religion, age, 
ancestry or national origin, 
because of the individual's 
previous assertion of a claim or right under former Title 39 
or Title 39-A or because of previous actions taken by the 
individual that are protected under Title 26, chapter 7, 
subchapter V-S 5-B; or to comply with an employer's request 
for the referral of job applicants if a request indicates 
ei ther directly or indirectly that the employer will not 
afford 
full 
and 
equal 
employment 
opportunities 
to 
individuals regardless of their race or color, sex, 
~ual 
or ientation, physical or mental disability, religion, age, 
ancestry or national origin, because of previous assertion 
of a claim or right under former Title 39 or Title 39-A or 
because of previous actions that are protected under Title 
26, chapter 7, subchapter V-S 5-B; 
C. 
For 
any 
labor 
organization 
to 
exclude 
from 
apprenticeship or membership or to 
deny full 
and equal 
membership rights to any applicant for membership because of 
race or color, sex, sexual orientation, physical or mental 
disability, 
religion, 
age, 
ancestry or 
national 
origin, 
because of the applicant's previous assertion of a claim or 
right under former Title 39 or Title 39-A or because of 
previous actions taken by the applicant that are protected 
under Title 26, chapter 7, subchapter V-S 2-B; or, because 
of those reasons, to deny a member full and equal membership 
rights, 
expel 
from 
membership, 
penalize 
or 
otherwise 
discr iminate 
with 
respect 
to 
hire, 
tenure, 
promotion, 
transfer, compensation, terms, conditions or privileges of 
employment, representation, grievances or any other matter 
directly or indirectly related to membership or employment, 
whether or not authorized or required by the constitution or 
bylaws of that labor organization or by a collective labor 
agreement or other contract; to fail or refuse to classify 
properly or refer for employment or otherwise discriminate 
against any member because of race or color, sex, 
sexual 
orientation, physical or mental disability, religion, age, 
ancestry 
or 
national 
origin, 
because 
of 
the 
member's 
previous assertion of a claim or right under former Title 39 
or Title 39-A or because of previous actions taken by the 
member 
that 
are 
protected 
under 
Title 
26, 
chapter 
7, 
subchapter V-8 
5-B; 
or to cause or attempt to cause an 
employer to discriminate against an individual in violation 
of 
this 
section, 
except 
that it is 
lawful 
for 
labor 
organizations 
and 
employers 
to 
adopt 
a 
maximum 
age 
limitation in apprenticeship programs, if the employer or 
labor organization obtains prior approval 
from the Maine 
Human 
Rights 
Commission 
of 
any 
maximum 
age 
limitation 
employed in an apprenticeship program. 
The commission shall 
approve 
the 
age limitation if a 
reasonable relationship 
exists between the maximum age limitation employed and a 
legitimate 
expectation 
of 
the 
employer 
in 
receiving 
a 
reasonable 
return 
upon 
the 
employer's 
investment 
in 
an 
apprenticeship program. 
The employer or labor organization 
bears the burden of demonstrating that such a relationship 
exists; 
Sec. 12. 5 MRSA §4572, sub-§ 1, ,D, as amended by PL 1995, c. 
393, §12, is further amended to read: 
D. 
For 
any 
employer, 
employment 
agency 
organization, prior to employment or admission to 
of any individual, to: 
or 
labor 
membership 
(1) 
Elicit or attempt to elicit information directly 
or indirectly pertaining to race or color, sex, sexual 
or ientation, physical or mental disability, religion, 
age, 
ancestry 
or 
national 
origin, 
any 
previous 
assertion of a claim or right under former Title 39 or 
Title 39-A or any previous actions that are protected 
under Title 26, chapter 7, subchapter V-8 5-B; 
(2) 
Make or keep 
sexual 
orientation, 
a 
record 
physical 
of race or 
or 
mental 
color, 
sex, 
disability, 
religion, 
age, 
ancestry 
or 
national 
origin, 
any 
previous assertion of a claim or right under former 
Title 39 or Title 39-A or any previous actions that are 
protected under Title 26, 
chapter 7, 
subchapter V-8 
5-B, except under physical or mental disability when an 
employer 
requires 
a 
physical 
or 
mental 
examination 
prior 
to 
employment, 
a 
privileged 
record 
of 
that 
examination 
is 
permissible 
if 
made 
and 
kept 
in 
compliance with this Act; 
r 
H 
• 
(3) 
Use any form of application for employment, or 
personnel or membership blank containing questions or 
entries directly or indirectly pertaining to race or 
color, 
sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, religion, age, ancestry or national origin, 
any previous assertion of a claim or right under former 
Title 39 or Title 39-A or any previous actions that are 
protected under Title 26, 
chapter 7, 
subchapter V-8 
5-B. 
This section does not prohibit any officially 
recognized 
government 
agency 
from 
keeping 
records 
permitted to be kept under this Act in order to provide 
free services to individuals requesting rehabilitation 
or employment assistance; 
(4) 
Print, publish or cause to be printed or published 
any notice or advertisement relating to employment or 
membership 
indicating 
any 
preference, 
limitation, 
specification or 
discrimination 
based 
upon 
race 
or 
color, 
sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, religion, age, ancestry or national origin, 
any previous assertion of a claim or right under former 
Title 39 or Title 39-A or any previous actions that are 
protected under Title 26, 
chapter 7, 
subchapter V-8 
5-B; or 
(5) 
Establish, announce or follow a policy of denying 
or 
limiting, 
through 
a 
quota 
system 
or 
otherwise, 
employment or membership opportunities of any group 
because of the race or color, sex, sexual orientation, 
physical or mental disability, religion, age, ancestry 
or national origin, the previous assertion of a claim 
or right under former Title 39 or Title 39-A or because 
of previous actions that are protected under Title 26, 
chapter 7, subchapter V-8 5-B, of that group; or 
Sec. 13. 5 MRS A §4581. first 1[~ as amended by PL 1991, c. 99, 
§12, is further amended to read: 
The opportunity for an individual to secure decent housing 
in accordance with the individual's ability to pay, and without 
discrimination because of race, color, sex, sexual orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, 
national 
origin or familial status is hereby recognized as and declared to 
be a civil right. 
Sec. 14. 5 MRSA §4582, 2nd, 3rd and 4th 1[1[, as amended by PL 
1991, c. 99, §14, are further amended to read: 
For any owner, lessee, sublessee, managing agent or other 
person having the right to sell, rent, lease or manage a housing 
accommodation, or any agent of these to make or cause to be made 
any written or oral inquiry concerning the race or color, sex, 
sexual 
orientation. 
physical 
or 
mental 
disability, 
religion, 
ancestry, national origin or familial status of any prospective 
purchaser, occupant or tenant of the housing accommodation; or to 
refuse to show or refuse to sell, rent, lease, let or otherwise 
deny to or withhold from any individual housing accommodation 
because of the race or color, sex, sexual orientation. physical 
or mental disability, 
religion, 
ancestry, 
national origin or 
familial status of the individual; or to issue any advertisement 
relating 
to 
the 
sale, 
rental 
or 
lease 
of 
the 
housing 
accommodation whieh ~ 
indic;:ates any preference, limitation, 
specification or discrimination based upon race or color. sex, 
sexual 
orientation. 
physical 
or 
mental 
disability, 
religion. 
ancestry, national origin or familial status; or to discriminate 
against any individual because of race or color, 
sex, 
sexual 
orientation. physical or mental disability, religion, ancestry, 
national 
origin 
or 
familial 
status 
in 
the 
price, 
terms, 
conditions or privileges of the sale, rental or lease of any 
housing accommodations or in the furnishing of facilities or 
services in connection with any housing accommodationsT1.. or to 
evict or attempt to evict any tenant of any housing accommodation 
because of the race or color, sex, sexual orientation. physical 
or mental disability, 
religion, 
ancestry, 
national origin or 
familial status of the tenant; 
For any real estate broker or real estate sales person, or 
agent of one of them, to fail or refuse to show any applicant for 
a housing accommodation any accommodation listed for sale, lease 
or rental, because of the race or color, sex, sexual orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, 
national 
origin or familial status of the applicant or of any intended 
occupant 
of 
the 
accommodation, 
or 
to misrepresent, 
for 
the 
purpose of discriminating because of the race or color, 
sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, national origin or familial status of the applicant or 
intended occupant, the availability or asking price of a housing 
accommodation listed for sale, lease or rental; or for any reason 
to fail to communicate to the person having the right to sell or 
lease the housing accommodation any offer for the same made by 
any applicant; or in any other manner to discriminate against any 
applicant for housing because of 
race or color, 
sex, 
sexual 
or ientation, physical or mental disability, religion, ancestry, 
national origin or familial status of the applicant or of any 
intended occupant of the housing accommodation, or to make or 
cause to be made any written or oral inquiry or record concerning 
the race or color, sex, sexual orientation, physical or mental 
disability, 
religion, 
ancestry, 
national 
origin 
or 
familial 
status of any applicant or intended occupant, or to accept for 
listing any housing accommodation when the person having the 
.-
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right to sell or lease the 
same 
has directly or indirectly 
indicated 
an 
intention 
of 
discriminating 
among 
prospective 
tenants or purchasers on the ground of their race or color, sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, national origin or familial status, or when the broker 
knows or has reason to know that the person having the right to 
sell or lease the housing accommodation has made a practice of 
discrimination since July 1, 1972; 
For any person to whom application is made for a loan or 
other 
form 
of 
financial 
assistance 
for 
the 
acquisition, 
construction, 
rehabilitation, 
repair 
or 
maintenance 
of 
any 
housing accommodation, whether secured or unsecured, or agent of 
the person, to make or cause to be made any oral or written 
inquiry concerning the race or color, sex, sexual orientation, 
physical 
or 
mental 
disability, 
religion, 
ancestry, 
national 
origin or familial status of any individual seeking financial 
assistance, or of existing or prospective occupants or tenants of 
housing accommodations; or to discriminate in the granting of 
financial assistance, or in the terms, conditions or privileges 
relating to the obtaining or use of any financial assistance, 
against any applicant because of the race or color, sex, sexual 
orientation, physical or mental disability, religion, ancestry, 
national origin or familial status of the applicant or of the 
existing or prospective occupants or tenants; 
Sec. 15. 5 MRS A §4583. as amended by PL 1991, c. 99, §19, is 
further amended to read: 
§4583. 
Application 
Nothing in this Act may be construed to prohibit or limit 
the exercise of the privilege of every person and the agent of 
any person having the right to sell, rent, lease or manage a 
housing accommodation to set up and enforce specifications in the 
selling, renting, leasing or letting or in the furnishings of 
facili ties or services in connection wi th the facilities wR,!,eR 
.that are not based on the race, color, sex, sexual orientationL 
physical or mental disability, 
religion, 
country of ancestral 
origin, 
familial 
status or 
the 
receipt of 
public assistance 
payments of any prospective or actual purchaser, lessee, tenant 
or occupant. 
Nothing in this Act may be 
construed to prohibit 
or limit the exercise of the privilege of every person and the 
agent 
of 
any 
person making 
loans 
for 
or offering financial 
assistance 
in 
the 
acquisition, 
construction, 
rehabilitation, 
repair or maintenance of housing accommodations, to set standards 
and preferences, terms, conditions, limitations or specifications 
for the granting of loans or financial assistance wR,!,eR that are 
not based on the race, color, sex, 
S5tX_tH~L_orientatio.1h physical 
or 
mental disability, 
religion, 
country of 
ancestral origin, 
familial status or the receipt of public 
the applicant for 
a 
loan or financial 
existing or prospective owner, 
lessee, 
housing accommodation. 
assistance payments of 
assistance orT of any 
tenant or occupant of 
Sec. 16. 5 MRSA §4591, as amended by PL 1991, c. 99, §20, is 
further amended to read: 
§4591. 
Equal access to public accommodations 
The opportunity for every individual to have equal access to 
places of public accommodation without discrimination because of 
race, 
color, 
sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, religion, ancestry or national origin is recognized 
as and declared to be a civil right. 
Sec. 17. 5 MRSA §4592, sub-§§l and 2, as amended by PL 1995, c. 
393, §22, are further amended to read: 
1. 
Denial 
of 
public 
accommodations. 
For 
any 
public 
accommodation or any person who is the owner, 
lessor, lessee, 
propr ietor, operator, manager, superintendent, agent or employee 
of any place of public accommodation to directly or indirectly 
refuse, discriminate against or in any manner withhold from or 
deny the full and equal enjoyment to any person, on account of 
race 
or 
color, 
sex, 
sexual 
orientation, 
physical 
or 
mental 
disability, religion, ancestry or national origin, 
any of the 
accommodations, 
advantages, 
facilities, 
goods, 
services 
or 
privileges of public accommodation, or in any manner discriminate 
against any person in the price, terms or conditions upon which 
access to accommodation, advantages, facilities, goods, services 
and privileges may depend. 
For purposes of this subsection, 
unlawful discrimination also 
includes, but is not limited to: 
A. 
The imposition or application of eligibility criteria 
that screen out or tend to screen out an individual with a 
disability or any class of individuals with disabilities 
from 
fully 
and 
equally 
enjoying 
any 
goods, 
services, 
facilities, privileges, advantages or accommodations, unless 
the criteria can be shown to be necessary for the provision 
of the goods, services, facilities, privileges, advantages 
or accommodations being offered; 
B. 
A failure to make reasonable modifications in policies, 
practices or procedures, when modifications are necessary to 
afford 
the 
goods, 
services, 
facilities, 
privileges, 
advantages 
or 
accommodations 
to 
individuals 
with 
disabili ties, unless, in the case of a private entity, the 
.. 
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:14 
'16 
lR 
private entity can demonstrate that making the modifications 
would fundamentally alter the nature of the goods, services, 
facilities, privileges, advantages or accommodations; 
C. 
A failure to take steps that may be necessary to ensure 
that no individual with a disability is excluded, denied 
services, segregated or otherwise treated differently than 
other individuals because of the absence of auxiliary aids 
and services, unless, in the case of a private entity, the 
private entity can demonstrate that taking those steps would 
fundamentally 
alter 
the 
nature 
of 
the 
good, 
service, 
facility, 
privilege, 
advantage 
or 
accommodation 
being 
offered or would result in an undue burden; 
D. 
A private entity's failure 
to 
remove 
architectural 
barriers and communication barriers that are structural in 
nature in existing facilities and transportation barriers in 
existing vehicles 
and 
rail 
passenger 
cars 
used 
by 
an 
establishment for transporting individuals, 
not including 
barriers that can be removed only through the retrofitting 
of vehicles or rail passenger cars by the installation of a 
hydraulic 
or 
other lift, 
where 
the 
removal 
is 
readily 
achievable; 
When 
the entity can demonstrate that the 
removal 
of 
a 
barrier under this paragraph is not readily achievable, 
a 
failure to make the goods, services, facilities, privileges, 
advantages or accommodations available through alternative 
methods if alternative methods are readily achievable; and 
E. 
A qualified individual with a disability, by reason of 
that disability, being excluded from participation in or 
being denied the benefits of 
the services, 
programs 
or 
activities 
of 
a 
public 
entity, 
or 
being 
subjected 
to 
discrimination by any such entity; 
2. 
Communication, notice or advertisement. 
For any person 
to directly or indirectly publish, display or communicate any 
notice 
or 
advertisement 
to 
the 
effect 
that 
any 
of 
the 
accommodations, 
advantages, 
facilities 
and 
privileges 
of 
any 
place of public 
accommodation are 
refused, 
withheld 
from 
or 
denied to any person on account of race or color, sex, sexual 
orientation, physical or mental disability, religion, ancestry or 
national origin, or that the patronage or custom of any person 
belonging to or purporting to be of any particular race or color, 
sex, 
~~xuaLQ_ri~~taJ~i9J!,_ physical or mental disability, religion, 
ancestry or national origin is unwelcome, objectionable or not 
acceptable, 
desired 
or 
solicited, 
or 
that 
the 
clientele 
is 
restricted to any particular race or color, sexual orientation, 
physical or mental disability, 
religion, 
ancestry or national 
Page lO-LR2263(1) 
or igin. 
The 
production 
of 
any 
communication, 
notice 
or 
advertisement purporting to relate to any place of accommodation 
is 
presumptive 
evidence 
in 
any 
action that 
the 
action 
was 
authorized by its owner, manager or proprietor; 
Sec. 18. 5 MRSA §4595, as repealed and replaced by PL 1975, 
c. 770, §40, is amended to read: 
§4595. 
Right to freedom from discrimination solely on basis 
of age, race, color, sex, sexual orientation, marital 
status, ancestry, religion or national origin in any 
credit transaction 
The opportunity for every individual to be extended credit 
without discrimination solely because of anyone or more of the 
following factors: 
A~e ~; race; color; sex; sexual orientation; 
marital 
status; 
ancestry; 
religion 
or 
national 
origin 
is 
recognized as and declared to be a civil right. 
Sec. 19. 5 MRSA §4596. as repealed and replaced by PL 1975, 
c. 770, §41, is amended to read: 
§4596. 
Unlawful credit extension discrimination 
It saa**--Be 
~ unlawful 
credit discrimination 
for 
any 
creditor to refuse the extension of credit to any person solely 
on the basis of anyone or more of the following factors: 
A~e 
~; race; 
color; 
sex; 
sexual 
orientation; 
marital 
status; 
ancestry; religion or national origin in any credit transaction. 
It saa** is not Be unlawful credit discrimination to comply with 
the terms and conditions of any bona fide group credit life, 
accident and health insurance plan, for a financial institution 
extending credit to a married person to require both the husband 
and the wife to sign a note and a mortgage and to deny credit to 
persons under the age of 18 or to consider a person' s 
age in 
determining the terms upon which credit will be extended. 
Sec. 20. 5 MRSA §4601. as repealed and replaced by PL 199L 
c. 824, Pt. A, §4, is amended to read: 
§460l. 
Right to freedom from discrimination in education 
The 
opportunity 
for 
an 
individual 
at 
an 
educational 
institution to participate in all educational, 
counseling and 
vocational 
guidance 
programs 
and 
all 
apprenticeship 
and 
on-the-job training programs without discrimination because of 
sex, 
sexual 
orientation, 
a 
physical 
or 
mental 
disability, 
national origin or race is recognized and declared to be a civil 
right. 
Page II-LR2263(1) 
• 
Sec. 21. 5 MRSA §4602, sub-§4 is enacted to read: 
4. 
Unlawful education dj~crimination on the basis of sexual 
orientation. 
It 
is 
unlawful 
education 
discrimination 
in 
violation of this Act, on the basis of sexual orientation, to: 
A. 
Exclude a person from participation in, deny a person 
the benefits of or subject a person to discrimination in any 
academic, 
extracurric~lar, research, 
occupational training 
or other program or activity; 
B. 
Deny a person equal opportunity in athletic programs; 
~..P-P.l_y __ sWy---.XUI~SQX1C~r11ir,lg---.tb~J,.lal or PQtential family 
or marital status of a perSQn or tQ exclude any persQn from 
any program or activity because of their sexual orientation: 
D. 
Deny admission to the institution or program or to fail 
to 
provide 
equal 
access 
to 
a~nformation about 
an 
institution or program through recruitment; or 
E. 
Deny financial assistance availability and opportunity. 
The provisions in this subsection relating to sexual orientation 
do not apply to any education facility owned, 
controlled or 
operated by a 
bona fide religious corporation, association or 
society. 
Sec. 22. 5 MRSA §4612, sub-§4, lIA, as amended by PL 1993, c. 
303, §2, is further amended to read: 
.18 
A. 
If the commission finds reasonable grounds to believe 
that 
unlawful 
discrimination 
has 
occurred, 
and 
further 
believes that irreparable injury or great inconvenience will 
be caused the victim of such discrimination or to members of 
a racial, color, sex, sexual orientation, physical or mental 
disability, religiousT QX nationality group or age group if 
relief 
is 
not 
immediately 
granted, 
or 
if 
conciliation 
efforts 
under 
subsection 
have 
not 
succeeded, 
the 
commission may file in the Superior Court a civil action 
seeking such relief as is appropriate, including temporary 
restraining orders. 
SUMMARY 
This 
bill 
forbids 
the 
denial 
of 
rights 
in 
employment, 
housing, public accommodations, credit and education opportunity 
to individuals based on their sexual orientation.