BANGOR, Maine — A Superior Court judge on Tuesday r uled in favor of the Orono schools and against the parents of a transgender child who in 2007 was forced to stop using the girls bathroom and told to use a staff bathroom after the grandfather of a male student complained.

A transgender person is born one biological sex but identifies himself or herself as belonging to the opposite gender.

Justice William Anderson granted summary judgment to Riverside RSU 26, formerly the Orono School District.

“The court is not unsympathetic to [the girl’s] plight, or that of her parents,” Anderson wrote in his 26-page opinion. “It is no doubt a difficult thing to grow up transgender in today’s society. This is a sad truth, which cannot be completely prevented by the law alone. The law casts a broad stroke where one more delicate and refined is needed. Although others mistreated [the girl] because she is transgender, our Maine Human Rights Act only holds a school accountable for deliberate indifference to known, severe and pervasive student-on-student harassment. It does no more.

“In this case, the school acted within the bounds of its authority in prohibiting [the girl] from using the girls’ restroom; it did not itself harass [the girl] by its actions, and it was not deliberately indifferent to the harassment that [she] experienced from others,” the judge concluded.
“The court finds that there is no evidence of deliberate indifference with respect to plaintiff’s claims of education discrimination, and it finds that defendants acted within the law under the public accommodation discrimination claim. Therefore, the court grants summary judgment to [the school district].”

The child’s parents — on her behalf, along with the Maine Human Rights Commission — sued the district in November 2009 in Penobscot County Superior Court over her access to the girls bathroom, the school’s treatment of her and how officials handled bullying by other students. The lawsuit was filed five months after the commission found the school had discriminated against the girl.

Anderson heard oral arguments in the case on Sept. 3 at the Penobscot Judicial Center.

Defendants in the lawsuit include Kelly Clenchy, the former superintendent of the Orono School District, now Riverside RSU 26, and officials at Asa Adams School and the Orono Middle School.

The family and their child are not identified in the lawsuit but are referred to as the Does. Subsequent news stories, however, have identified the parents as Wayne and Kelly Maines and their twin children as Nicole and Jonas, both now 15. In court documents and in Anderson’s decision, family members were not named but referred to as the Does, with Nicole Maines being called “Susan Doe.”

The family’s attorney, Bennett Klein of Gay and Lesbian Advocates and Defenders in Boston, said Tuesday that Anderson’s decision would be appealed to the Maine Supreme Judicial Court. He said that family members would not be speaking to the media about the case.

“This case involves a fifth-grade girl who was made an outcast by the school and subjected to severe bullying,” Klein said in a telephone interview. “We think the judge was wrong on the law and ignored critical facts. From the very beginning we always knew that this case would ultimately be decided by Maine’s highest court.

“I think [Anderson] has carved a huge hole in legal protections established by the Legislature that makes if very difficult for a transgender girl to get an education,” the attorney continued. “That is not what was intended when the Legislature passed the gender identity nondiscrimination law. The school acknowledged that a transgender girl needs to be able to live as a girl in order to get an education. We are going to pursue this case on an appeal because the need to get an education in today’s world is critical to every student in Maine.”

The Maines family now lives in southern Maine, where the children attend a private school. Wayne Maines, who has acted as a spokesman for the family, made a statement on the family’s behalf Wednesday in a telephone interview.

“At this point we’re disappointed, but we’re hopeful for our appeal,” he said. “Our daughter just wanted to go to school and be with her girlfriends and get a good education. Instead, she was an outcast. She was bullied and harassed. No parents want that for their daughter.”

He said that Nicole is excelling in her current school environment.

“All it takes is good leadership,” Wayne Maines said. “She’s acting and involved in the performing arts. She got an A in Chemistry. I’m pretty proud she got an A in Chemistry. It doesn’t have to be that hard.”

John Gause, counsel for the Maine Human Rights Commission, also disagreed with Anderson’s decision. The commission was a party to the bathroom access claim and not the harassment claims.

“The MHRA explicitly prohibits segregating students because of gender identity, which is what happened here — the student was assigned to a separate bathroom from her peers because she is transgender,” Gause said Tuesday in an email.

Melissa Hewey, the Portland attorney who represented Clenchy and the district, praised Anderson’s decision and pointed out a footnote in which the judge recognized the difficulties teachers and administrators face.

“The judge was able to recognize the particular challenges faced by school personnel, who must ‘engage in the delicate process of engaging the adolescent mind to effectuate change,’ which, he said, ‘requires the application of complex and ever developing psychological principles,’” Hewey said in an email, quoting Anderson. “For my clients, this recognition of the difficulty of the challenges they face is particularly gratifying.

“What the school department is most pleased about, however, is that for the second time — first before the Human Rights Commission and now before the court — the efforts by the dedicated teachers and administrators in Orono to work with the family and help this child thrive have been vindicated with the summary dismissal of the harassment claims,” Hewey said.

269 replies on “Judge finds in favor of Orono schools over transgender girl’s use of bathroom”

  1. It sounds like the school was already humoring this {girl} enough. I am glad the court had the good sense to draw the line on this one. Had they not, I could see the law coming requiring businesses and public buildings to add a third bathroom. One with a “?” on the door.

    1. It’s a slippery slope. Here in Mass, we have a wife murderer (in with no parole) that we’ve paid for hormone therapy for 10 years, sued the State for gender surgery (and won) now wants us to pay for body hair removal plus his million dollar lawyer bills! It’s all under appeal. What prison do you put him/her into? Hopefully his own…

      1. Yeah, the convicted wife killer doing life without — and doing all that mainly to be a ball-breaker. Often wondered if a year of so in Bridgewater might cool his jets — Nair and thorazine, what a combo. LOL Ah for the old days when he’d have slipped off the 3rd tier….

        1. Ah, for the old days where a plastic surgeon came home, knocked on his door then blasted his wife in the doorway with his 2 kids behind her. Oh, for the old days when they were summarily disposed of. Bridgwater is useless as they have an ingrained defective machine syndrome. SIGH

          1. Do you people know that there is a whole clinic at Boston Children’s Hospital who say this is a very REAL medical condition? Where the brain does not match the body. The kids are treated medically as young as 9 years old. Educate yourselves 1st speak your mind 2nd.

          2. I am completely aware of the situation and the clinic. I live 2/10 of a mile from those hospitals. But for the taxpayers to pay for this on a deranged murderer is ludicrous! I don’t care if he did try to cut his own ding dong off, he’s a plastic surgeon. Have at it dude/dudette. Should have been executed.

          3. This spiel comes out of a liberal stronghold located in a very liberal city. Men and women’s brains are physically and mentally different according to science. More than likely a form of rebellion is the root cause for gender identification other than the biological one. Rebellion against reality is an emotional and behavioral problem, not a mental one. It needs to be treated as such, not medically where it can only harm the body.

          4. Yes, it’s called MENTAL ILLNESS. They are CRAZY. This “girl” is a CRAZY BOY. When you figure that out, it becomes a lot simpler.

          5. Again READ and EDUCATE your self. This year The American Psychiatric Assoc has determined that this is NOT a MENTAL ILLNESS. it IS MEDICAL. I am not advocating about the prisoner that is a separate issue. I am talking about treating all transgender people as their affirmed gender. HATE is a MENTAL ILLNESS,, get treatment NOW.

          6. There’s no hating. I’m just against the idea that we can just call ourselves whatever we want and force others to agree with us, even when we’re 100% wrong. Chromosomes are determinative here.

            There certainly are MEDICAL causes for MENTAL ILLNESSES. And if the result of this Mental Illness is that the person wants to mutilate themselves, making it impossible for them to reproduce, that’s a very serious consequence of the mental illness.

        1. I have a lot of empathy for people like this, but not for a wife murderer demanding over a million bucks from taxpayers.

          1. I too have a lot of empathy for the parents and their child. They need to realize however their child was not born with one sex and a mind of the other sex. Regrettably, there’s a political agenda very much at work to convince the public otherwise.

          2. I’m glad with all you your psychological training and research you’ve been able to come to that conclusion.

          3. There is a difference between gender and sex. Gender is a set of characteristics deemed male or female, generally determined by society. Sex is biology. People can be born minus an X or Y chromosome, or with extra X or Y chromosomes. Turner Syndrome is the absence of the Y chromosome where the person lacks female sex characteristics but are considered biologially female. Individuals with Klinefelter Syndrome are biologically male, but never develop their testes and and don’t develop the secondary male characteristics like facial hair and increased muscle mass. There are men born with an extra Y chromosome who are ‘extra’ masculine, but don’t have obvious abnormalities-but they are also genetically different.

            There are many different attributes that are determined by our genes. Why are some people Type A personality while others let everything role off their back? Why are some people more outgoing whereas others are painfully shy? Why do some people get cancer and others don’t? Why are some people born with deformities and disorders and others aren’t? Because these are all genetic determinants.

            I don’t see where you get that it is so black and white but call yourself educated in the way of science.

          4. There was a show on Nat Geo about twin boys. During their circumcision ones penis was irreparably damaged so the parents went with surgery. His mind always said he was a boy even though raised as a girl. The loss of his gonads didn’t change who he was and in an interview 20 odd years later, he wasn’t confused about his identity. It’s all in the mind!

    2. I’m afraid this story is far from being settled. Maine law is pretty clear about discrimination based on one’s gender identification. Now it’s show time. Hopefully this law will be exposed for what it is: a bad law. And the high court will have no alternative but to rule in favor of the parents and their child and against the school.

      That said, no one is born with one sex and the mind of the other. This is pure malarky. Those who identify as a member of the opposite sex are fighting nature. It’s a form of rebellion. This child, like the parents themselves, needs counseling. Regrettably, it is probably too late at this stage of the child’s life for counseling to bring about a change of mind. For that reason the transgender child will likely face a lot of social conflict in life most people will never encounter.

      1. You are so remarkably wrong it is not even funny. Yes the child and parents will need, and likely have had counseling, but not in the way that you want. This isn’t pray away the gay. The counselor will in fact help the child and parents embrace the transgenderism, because in fact people are born with one set of plumbing and the mind of the opposite sex.

        1. They have a mental illness. Maybe it’s biological? Hormones or something. You look at chromosomes. That’s the determinant. If their brain says something different than what the chromosome says, there’s something wrong with the brain, maybe ADHD drugs like Ritalin with fix it.

          1. I honestly don’t care what the APA says on this. And right now, it is apparently still a mental illness.

          2. No, actually the APA are a bunch of Liberals trying to push their agenda. Or influenced by people who are trying to push their Liberal agenda. Not long ago, gay was considered a mental illness, and it easily could be seen that way. Both Gay and Trans are extinctionary behaviors. If everyone did either one of those, the human race would cease to exist. That’s what makes the behavior extinctionary. Causes extinction. Nothing that causes extinction can be seen as healthy, these things do, so they’re illnesses.

        2. Show me a credible source to back up your statement “in fact people are born with one set of plumbing and the mind of the opposite sex.”


        You might want to read this, but then again, you may not for fear of being proven wrong. Did you also know that all fetal genitalia start out looking the same? I’ll bet you didn’t.

        So there are very likely changes in the brain that can, or do not, take place to match the physical body of the baby.

        You really need to do some research.

        1. I read this reference last year, so I was familiar with it. It is not proven that the change in white matter of transgender persons occurring over time is not the result of behavior. In fact we now know that changes in brain structure occur with growing Internet addiction. The longer one spends on the Internet, the greater the resulting change in brain structure. So behavior can modify the brain.

          1. Completely different. One is suspect of generics while the other is a causal relationship due to addiction. True transgendered people are born that way-so they start with the brain changes from the get go.

    3. What about intersex children? Those with parts of a boy and a girl whose parents did not chose a sex. I met one whose parents chose a sex and as an adult wants to change to the other…….

      Still even for one with boy parts, and for straight men, they can feel uncomfortable around other men. Some are more aggressive than others. Of course, I am sure that it doesn’t help the girls cases. I think those men who are afraid of those aggressive men, are aggressive themselves thats why they are afraid.

        1. Look up intersex. You apparently have no knowledge of the term. Parents are pushed to choose a gender for an intersex child because society places such high importance on set genders. It’s quite unfortunate.

          1. ok, well, if that’s what we’re talking about, that’s a different situation. We are not talking about those borderline cases with genetic abnormality here. I don’t have a solution for those, I recognize there are tricky cases.

  2. As long as there are single restrooms in a building that are designated for families or individual’s use, who is harmed? It’s only the so-called “gang” bathrooms that have any issues.

  3. I never have liked the restrooms with stalls, either in school or since getting out. I think they all are an invasion of privacy. But when I’m in a store, I choose to be there, therefore, I either deal with it or I don’t use it, or leave the store. Kids have no choice but to be in school and often have no alternative to the group restrooms. For many reasons, transgender or not, kids could use some privacy at times that they cannot find. Especially adolescent and older. I have worked in schools, and I know of kids who have refused to use the bathroom the entire day due to either having experienced a past trauma through humiliation, or the fear of being humiliated. I can’t imagine what they must be like for one who is further having to deal with other things like being transgender.

    1. How the heck is a stall an invasion of privacy? Grow up, if you can’t handle going to the bathroom with other people around then pee your pants or wait until you get home. Grow up America! Never had a problem when I was in school with other people, and didn’t really give a crap if I had privacy or not. Do you think we should do this for the military as well. Why not, the liberals have screwed everything else up in this country. Why don’t you write to Angus King and Chellie Pingree and while you’re at it Mike Michaud and spout off some more crap!

      1. And it’s people like you that I absolutely can’t stand having in the stall next to me – particularly if I’m not feeling well – which has nothing to do with being able to pee in a public restroom. Didn’t mean to go into detail, just simply stating that sometimes you need a little more privacy that often can be found in schools. Particularly older schools. I also hate spit on the floor. How do you feel about that? That is about as relevant as the military crack and politically bent verbiage above.

      2. What an insensitive and over the top reply.
        It must be nice being as perfect as you present yourself to be.

        A utter lack of compassion and understanding is part of the big problem the GOP has. The GOP has screwed this country.

        1. Insensitive? It’s the truth and keep your liberal crap out of it. The GOP has done nothing of the sort! Get over yourself!

        2. huh?
          that is one of the silliest things I think I have ever read.
          the Dems only call their beliefs”compassion” if one does not agree with them, then that person is out of touch, or some other judgment-packed description.

          i went to a college with co-ed bathrooms… there was a divider between the toilets and there was a divider between the showers. so all anyone would see was feet or shoes…
          I learned pretty quickly that I did not care whether I was taking a dump next to someone of the same sex or not.

    2. The Judge made an excellent decision! Sure it is difficult for kids, but get over it, that is a part of life, dealing with what is difficult, called growing up!!! Next thing you know someone is going to come along and say they evolved from a dog, therefore we should have separate bathrooms to accommodate animals..

      1. Or maybe something even crazier than that, like… I was created from the rib of this guy in this garden and then I ate this apple from a tree and everything went downhill from there. No… really, it’s TRUE!

      2. Why would they have to talk about evolution? Why would they need a scientific argument? wear floppy dog ears, and declare yourself a dog. Many laws don’t apply to dogs.

    3. The school allowed the student to use the single staff bathroom, therefore accommodating her needs. To sue in order to be able to use the girls bathroom when the staff room was made available is just grandstanding.

      1. yes because perfectly natural concepts like positive and negative, warm and cold, light and dark, up and down, just simply should NOT stand!!

        c’mon people, we need to transgress reality and break down all barriers to the perverted and absurd!

        1. the world is not so simple as you seem to imagine. you seem to think the world is digital, but it is not. warm and cold vary by degrees, darkness is not light’s opposite, but it’s absence. up and down are relative, ask an astronaut in zero g what “up” means. the perverted and absurd are completely subjective, and are used to describe what we don’t understand or don’t want to understand. sexuality and even gender may seem simple for you, but not for everyone. i can’t tell you with any certainty if the judge made the right call in this case, but i can tell you with absolute certainty that it is not nearly as simple as you seem to think. the world is a wider place than your limited perceptions.

          1. Chromosomes are pretty simple. XX XY. If we’re talking about an exception here, we should have rules for that. This does not appear to be the case.

  4. pretty simple logic:
    what “organs” do you have “down there”
    if you have a penis, use the mens room,
    if you don’t have one, use the womens room.

    is that too hard to understand?

    1. If you look like a girl but have a penis, get the [___] beat out of you every time you use the restroom. Yeah, great idea…

        1. Why do you think the world should conform to your simplistic viewpoint? You know that its just a matter of time before our laws and culture catch up with evolving ideas of what it means to be male or female.

          1. It’s common science here, people. Chromosomes. There are crazy people who want to mutilate themselves. There are crazy, immoral people, who applaud them and suggest they should mutilate themselves, and destroy any hope they have of reproductions. Chromosomes are cut and dried. There’s very little viewpoint here.

    2. If only the world were that simple, but you all know it isn’t. This young girl has now officially been branded as someone who is not good enough to be with the rest of her friends and peers. Her body has made her a target of sexist prejudice and transgender animosity because of a medical condition she has. The judge and the people who started this mess to begin with should be very ashamed of themselves.

      1. What medical condition does she has??? Does his equipment not work? I do not think that a perceived mistake by Nature (God) is a medical condition.

        1. The MEDICAL condition is called Gender Dysphoria. How about you look it up and figure out what it’s all about before you go bullying an innocent child and her supportive.

        2. The boy thinks he’s a girl. He isn’t. Medical condition “boy thinks he’s a girl”. Correct with drugs. Maybe, testosterone perhaps? Symptoms include wanting to dismember yourself. It’s classified as a mental illness.

      2. I just think it is a pretty slippery slope. A guy who thinks he is a girl using the girls’ room is still a guy using the girls’ room which if I was a girl, would make me pretty uncomfortable. What about their rights?

        I was watching a cop show and they were processing a transgender person (guy who dresses like a woman) into jail and they were pretty clear. He’s a guy and they processed him like any guy, including calling him sir.

        1. Just to be clear, a man simply dressing as a woman does not necessarily make him transgendered.

      3. This is a boy right? This “girl”, this is a boy that needs drugs to be treated. If you wear a Spiderman costume does that make you Spiderman?

    3. Simple logic huh? So what do you say to the students who may be born with any of the gender abnormalities that render them effectively both sexes or somewhere in between? Or according to your logic, some of them may very well look female by default, feel female yet have male reproductive organs, chromosomes, etc. There are probably more of these people than you are aware of, simply because many of them are afraid to let people know—thanks to the “logic” you and people like you use. That type of logic is what leads to the dangerous, discriminatory situations these people face. You (and many others in here) apparently have no education regarding intersex individuals and/or gender issues. Coincidentally (or maybe not), today, November 20, is Transgender Remembrance Day. Look it up. The fact a day like this is necessary is very telling.

      1. If someone has weird chromosomes, that a different story. Typically, these are people with standard chromosomes.

    4. I know this will come off bigoted, and frankly I don’t give a damn. I never understood gay people in the first sense for the longest time. I never found out what was so appealing about being with another man – I understood what lesbians go through – myself if I was a woman I would definitely be one – I probably wouldn’t even stop looking at myself in the mirror. Anyway – I kind of get gay people now, and I accept them (I still voted no on marriage). What I don’t get is a “transgendered” male being able to use a woman’s bathroom. At what point does this stop? If I went into a woman’s bathroom and said “its because I’m transgendered” with fully looking male is that not acceptable now?

      1. I think its great that you admit you don’t get it. This is meant to help. If you had your penis removed would it be ok to use the Women’s room? Would you really be a different person without that appendage? What if you lost it in an accident? Obviously you would still be the same person. You would be a man without a penis. Just like this GIRL is a girl with a penis. Does this help you understand?

        1. Nope, if that person lost that appendage, that person is a man without that appendage, not a women. And this boy is a boy. A crazy boy. Not a girl. This isn’t tricky people. The chromosomes are right.

          1. Gender identification is not determined by genitalia or chromosomes (that anyone has evidence to support). Your argument doesn’t hold up when it comes to people with ambiguous genitalia.. unless you want to define a separate gender for each permutation. The point is that gender is in the mind and sex is in the genes. Should gay men use the Ladies room? What about those who’ve undergone sex reassignment? Would you argue that a man who was surgically altered to appear female should still use the men’s room because “his” chromosomes are male? That’s just silly. You are really basing your argument on what visible equipment the person has.. which is an simplistic and morally bankrupt position.

          2. We aren’t talking about people with ambiguous genitalia here. Those would be a special case. This is a normal boy with normal chromosomes with a mental illness. I don’t care at all about your theories about gender being in the mind. I don’t accept that. I prefer the chromosome explanation. If there’s a case of genetic abnormalities, we can take that case by itself.

            Should a deformed male still use the men’s room? Yes. I don’t think sex changes should be recognized by anybody. These are crazy people who have deformed themselves and now can no longer reproduce.

          3. The “special case” is what makes your conclusion invalid. That is, if you say that chromosomes determine gender and anything that contradicts this is indicative of mental illness, but you don’t account for normal chromosomes that resulted in ambiguous sex (which you’ve already defined as equivalent to gender) then your theory of gender identity doesn’t explain ALL observed phenomena and it is rejected. That’s how science works. Now that science is out the door, we know that your position is based on revelatory knowledge (religion), ignorance or bias. You are entitled to your opinion but don’t try to pass it off as fact when its not based on evidence.

          4. Nope, make the laws for the special cases of genetic deformities, figure that out. For the run of the mill Crazy Boys, tough luck. Get mental help.

            I don’t read a lot of Dworkin. Genes are determinative. If you have boy genes, and think you’re a girl, you have a mental problem, and science and medicine can cure the “think you’re a girl” problem. If modern medicine can’t cure that “think you’re a girl” problem, maybe they can in the future. Develop a pill that makes boys not want to wear dresses. There ya go. Problem solved. Next.

          5. Though we are all entitled to our opinion, you’re outlook on these people saddens me. To call a child ‘crazy’, who happens to be born with boy parts but could be the sweetest, kindest, good-natured child has now been lumped with serial child arsonists and parent murderers. Now THAT’S true crazy. I’ll take the transgendered child any day, thank you!

          6. Well, I don’t want to get into which kind of crazy is better, or whether crazy is exactly the right word to use. Crazy is probably better used to describe those who are trying to sell this definition of sex or gender as something that you can choose, and not a function of biology. Disorder is probably a better word than crazy. But the problem is in the brain, not in the body. And you don’t cure a brain problem by doing surgery on the body. You figure out why the brain isn’t acting right, and you fix it.

          7. No I’m arguing chromosomes. I don’t care if some crazy person wants to mutilate themselves. They’re males. If they want to engage in extinctionary behavior it should not be encouraged as a matter of public policy.

    5. no, go with chromosomes. I don’t like the idea of this at all. You shouldn’t be able to change from m/f or f/m. Period. But if men want to mutilate themselves and wear dresses because they’re crazy, they should be allowed to do that. But never do they ever become women.

  5. No green poultice for “[the girl]” and his/her family, at least not today. But you never know what the SJC will do on appeal, if there is an appeal.

  6. I’m confused. She was no longer allowed to use the girl’s room after a male student complained?


    What is her gender biologically at birth, male or female?

    1. The student was born male but idenitfies as female. The school was allowing her to use the staff bathroom, but the student’s family thinks she should be allowed to use the girls bathroom.

  7. Great, great victory for common sense prevailing. While I understand the plight of the student, the school took every reasonable action that it could. I feel that the school district was in an absolute no-win scenario, in a previous article the student said that they disliked the school’s “eyes-on” approach. I got twenty bucks that says if something bad had happened because the school chose to go in the direction the student truly wanted, they’d be in a world of trouble. Hats off to the Orono schools handling of this too.

  8. In the era of tight budgets and budget cuts, Orono Middle School BUILT ANOTHER BATHROOM (single stall) for this transgendered student…I would say this is going ABOVE AND BEYOND what they needed to do to make this student (and the other students in the school) feel comfortable. Glad the judge ruled the way he did on this one!

    1. the problem is that this would not coply with the law as written.
      according to maine human rights, the law states that once a student is transgendered… then the student MUST be treated, 100%, as a person of the new gender.
      I think this is absurd, but if this is the law, then the school had no right to find the middle ground… and treat the “girl” as something other than a girl… that is the law
      i think the law is wrong, as I said, but a judge can only do what the law requires.

  9. There is something wrong with all of you who see this ruling as “justice” or “proper”. A girl was being specifically targeted and abused by a boy at the urging of his religious fundamentalist father and the school district, which had previously given its approval to the girl using the restroom CAVED IN completely to what could only be described as oppressive, harassing and threatening behavior.

    You should all be ashamed of yourselves for celebrating the abuse of a young girl for no good reason.

    Jenn Burleton
    Executive Director
    TransActive Education & Advocacy
    Portland, Oregon

    1. I don’t think anyone is celebrating the abuse of this young person but the judge returned the right verdict in this case. The school did what they could.

    2. The “abuse” you cite has never been proved and has now been rejected twice. The school has to protect all students and the student who complained that the boy was using a girls bathroom has rights as well. Each child has the right to go to school in a supportive environment even the ones that believe in God and morality. Thanks for chiming in from the pacific NW how about you keep your thoughts on the west coast.

    3. You should be ashamed of using this boy ,and others with his illness, as a tool in furtherance of your agenda.

        1. What would you call it? The child has mental issues. Born with a Penis but has the mentality of a woman? Help some of us who are not privy to this underworld.

          1. And Male Chromosomes. Clearly a mental illness. This is a boy. They treat ADHD, and it’s really hard to tell the difference between normal behavior and ADHD.

        2. I think when you start dressing another way it’s a little out of the normal. I’m not against gays, but a girl dressing as a boy is messed up

          1. If a girl wants to dress up like a boy, that’s fine. But we should know not to call a girl a boy. A girl is a girl a boy is a boy. We have chromosomes to look at for that.

      1. This amazing, bright, loving and inspiring girl does not have an “illness”. She is simply representative of the diversity in biology that nature loves creating and that certain human beings seem to take great enjoyment in denying. What are you so afraid of?

        And which agenda are you referring to? If you say “The Gay Agenda”, then you once again demonstrate that you do NOT understand what it is we’re discussing here and therefore, are speaking out of ignorance.

        Here is my agenda: We support kids who need our support so long as providing that support does not demonstrably harm another child or adult. We provide that support based upon science, fact, common sense, human rights and compassion, NOT rumor, mythology, fear, intolerance, ignorance, self-righteousness or cruelty to children, youth and their supportive families.

    4. There are no restrictions on where someone lives who posts on a newspaper site so your input is just as valid as anyone else’s.
      Thanks for sharing.

    5. Its the parents who are abusing this child! Allowing a farcical word of transgender….hysterical…Sometimes I feel like people have nothing better to do.

      1. I can see that discussing things you don’t understand makes you uncomfortable, fearful and cruel. I am sorry that your upbringing, education and spiritual life has failed you.

        Which other words would you like to eliminate from our vocabulary, simply because you don’t understand what they mean?

        What’s next after eliminating the words? I mean, even if the “farcical” words are eliminated, the people will remain… what should we do about them?

        If I were prone to prayer, I would pray that children in YOUR life never experience something which you are unable to understand. It’s clear that they will be unable to turn to you for support, love and understanding.

    6. And you should be ashamed of yourself for the lies you just posted on this site. You are full of it, in a big way. First of all, this teenage BOY was not targeted by ANYONE. And I like how you labeled the other boy’s grandfather as a religious fundamentalist (a negative connotation) as if that has ANYTHING to do with this. Religious or not, OBVIOUSLY parents are going to have a problem with a boy using the girls bathroom, for OBVIOUS reasons. IT DOESN’T MATTER THAT HE IS TRANSGENDER!!! That’s what people like you can’t get through your thick heads. And if you are an educated person, then the fact that you can’t understand the potential issues that allowing a boy (he has a penis) to use the girls restroom could create, then you are BLINDED by your own bias and defensive nature concerning transgender people. This teenager was NOT ABUSED, and how dare you suggest that. You’re a liar, and you are using YOUR OWN twisted hatred to insinuate that this kid is somehow the victim of abuse, hatred, and discrimination, which is blatantly FALSE.

      1. Frankie… your reply is contradictory. By insisting on referring to and, indeed, emphasizing that this child is a “teenage BOY” (which by the way, at the time this occurred she was NOT a teenager), you are indeed targeting her yourself in the same way Paul Melanson did through his grandson Christopher.

        Stating that it is “OBVIOUS” why this girl (a pre-teen at the time) should not have used the girl’s restroom is simply trying to force your opinion on others. By presuming that the AUTOMATIC outcome of allowing her to use the restroom that matches her gender expression (which by the way, is EXACTLY the same reason your daughter is allowed to use the restroom) would be sexual assault, improper advances, self-exposure or some other twisted fantasy of yours reveal more about YOUR mind than that of this young girl who simply wanted a place to perform her bodily functions.

        Here is the REALITY (just in case you are interested): There is NO ONE IN THE WORLD who would be less motivated to expose their genitalia IN ANY WAY to their peers in the restroom than a transgender child or youth. They are not there because they are sexual predators – they are there to pee and poop. Exposing themselves to others would not only be unthinkable to them, but would expose them to potential violence from kids raised by people like you.

        There are many ways to abuse a child… it doesn’t have to be physical. In fact, many studies (including one this year from the Harvard School of Public Health) demonstrate that the worst abuse comes from EXACTLY the type of actions that Paul Melanson put his grandson up to and that was then, in essence, reaffirmed by the school district.

        Frankie… it is clear from so many posts in response to this story (and the ‘thumbs up’ given by others) that this child has been, is or could be the victim if abuse, hatred and discrimination. And there is no more clear example of this than YOUR response above.

        You can call me a liar all you want, and I’m quite certain that those who are comfortable in their ignorance or fear on this issue will find it ‘easier’ to simply believe that because you say it. But I know better… the people involved know better and the facts are with me, while you merely have innuendo, insinuation, fantasy and persecution on your side.

        One more thing… FIGHTING over this is non-productive to ALL children and ALL communities. Imagine what might happen if instead of yelling at each other we actually took the time to open our minds and learn something from each other and to learn more about how all children experience gender identity and why some kids are different (not WRONG or BAD or IMMORAL or PERVERTED)… just different.


          1. Actually… that is not true. Transgender people experience what is called “Gender Dysphoria” which is not the same as being mentally ill. Mental illness, by definition, is psychological distress which in and of itself causes someone to be personally or socially dysfunctional or disadvantaged.

            The only psychological distress or social dysfunction or disadvantage this girl (and her family) experience comes from outside forces… like you, the actions of the school officials and others who, through ignorance, fear and misguided self-righteousness heap persecution on her, her twin brother and their family.

            Again friendship220 (and I feel that by now, we MUST be friends), you’ve let your ignorance (on this issue, not ALL things) directly connect to your fingertips. I’m trying to help as best I can, but you seem pretty committed to this train of non-thoughtful expression.

          2. Yeah, I heard all this crazy talk in college. This “sex is socially determined” BS. It’s wrong. Biology is biology.

            This is a boy. Boys use the boys room. This child has XY chromosomes and functioning male genitalia.

            If this was an XXY, we would presumably hear about this. Presumably they’d be making a stronger case if they were an XXY.

            A Boy is XY, a Girl is XX. If there’s something else, find a solution there.

            That is science. It’s not “do whatever you want”. If I felt “african american” I should be able to fill out my college application that way, right?

          3. Actually… you should have paid closer attention in college. The mantra is “gender (not sex) is socially determined”. Which I happen to disagree with as a blanket statement.

            Biology IS Biology… but Biology IS NOT Black OR White, Male OR Female… it’s more complex. And no matter how hard we try to make it simple because we just don’t want to have to think too hard or learn something new, it will remain COMPLEX.

            It is COMPLETELY irrelevant what this child’s chromosomes are… and how DARE you presume to think that simply because YOU and others like you want to know, that you have a RIGHT to know everything about this child’s medical background. How arrogant.

            All “boys” are not XY and all “girls” are not XX. Never have been, never will be. This IS science… biological and social. But you don’t get to define the parameters of this science based upon YOUR knowledge level, which is deficient, to say the least.

            The girl is not “doing whatever she wants”… she is following a difficult, clearly obstructed path to be true to her inner self. A journey that would cause you on your BEST day to collapse in a heap crying or with a gun in your mouth.

            And by the way… if you want to fill out an application listing yourself as “African-American” and you can meet the criteria for being such, more power to you. This girl HAS filled out the “application” for being transgender, has met the criteria and has attempted to follow the path that is both true to herself and recommended by those with her well-being in mind.

            Your refusal to accept transgender people as part of our society does not negate their existence… just as refusing to accept African-Americans as equal does not negate the reality of their existence, and their right to be treated respectfully as human beings and citizens of whichever country they reside in.

          4. If they’re boys, with the XY chromosome, they use the boys room. If they’re girls, with the XX chromsome, they use the girls room. If they want to carve themselves up, an extinctionary practice that perhaps should be banned, they do not magically change from boys to girls. Randy Marsh did not actually become a Lawphin.

            If a boy thinks he’s a girl, he’s crazy in the head. You think he’s a girl. You’re crazy in the head.

            I wonder if this problem is caused by chemicals? I’m not sure exactly how the defect was caused, but science should research it, and find the cure to not knowing what sex they are.

            Boys are XY, Girls are XX, that’s how the world works, that’s science.

  10. This boy should never have been allowed to use the girls bathroom in the first place.

    Is anyone else tired of the constant stories about gay, lesbian, transgender? Probably some of you thought that when gay marriage was approved, that would be the end of it. Not true!

    1. Oh get over it. You are the one showing so much interest. Just ignore it if it bothers you. No one forces you to read a particular article….or to click it on. You do that all on your own since you are obviously , for some reason, so interested in it.

      1. We do not agree with the life choice, and when you ignore something that you disagree with it continues to grow as a problem that ios why we do not ignore these articles.

      1. The haters are the 53% of people who force the other 47% to live with their perverted and completely unsustainable view of the world
        keep on keeping on, with your childish hatred

    2. Huh? You thought that approving gay marriage would make us disappear?

      What does this ruling have to do with gay marriage, anyway?

    3. ohhhh but its not a boy! its a girl with a penis. dont ask me how that works though because i have no idea. things arent that simple anymore.

    4. Going off topic a tiny bit. A week or 2 ago people were arguing that Romney and the Rs were “too extreme”. I’d like to see Democrats call him a girl. Maybe there a tv show that Democrats and Republicans both can play. “Is this a boy or a girl”? And if you’re wondering who is extreme, you will find that the Democrats lose this one.

  11. Finally a Judge that uses some good old common sense, especially considering that the school already accommodated by allowing the student to use the Staff Bathroom.

    1. I agree and I feel that if they had allowed this to happen it would get taken advantage of. Whose to say a boy pretending to be a girl just wears to get into the girls bathroom

      1. That is a ‘straw dog’ argument and simply does not happen in the real world. Of course, I understand that in the absence of ‘facts’, ‘knowledge’ and ‘expertise’ making stuff up may be the best you can do. Trouble is, kids are suffering, being abused and being denied basic human rights while you play out your fear mongering fantasies.

        1. How is using a staff (aka: gender neutral) bathroom instead of using either student bathroom that make others in the school community uncomfortable in the process seen as “being denied basic human rights”? I could see that being the case if this student was told they either had to suffer by using the bathroom their genitalia matches or just hold it all day…. But, they were given another (and perfectly reasonable) option.

          1. It was NOT an option for her… it was a requirement. There is a big difference. To call this an “option” would be tantamount to calling the requirement that blacks in the south use a separate restroom from whites an “option”.

            To be singled out as “too different” to use the same bathroom as the other girls, at that age, is profoundly stigmatizing, isolating and damaging to her self-esteem.

            Suppose there was a child with severe scarring on their face as the result of a fire, and that scarring made ONE OTHER KID ‘uncomfortable’ or perhaps prone to mocking the other child? Would you support requiring the scarred child to use a separate restroom simply because THAT ONE KID (perhaps even goaded by their grandfather) had bullied that child?

            I think not. This was clearly discrimination against this child based on religious intolerance and ignorance.

          2. Like every other child that gets to use the restroom based on their gender expression, this is a GIRL and should use the GIRL’s restroom.

            There are other trans kids in your school district using the restroom that corresponds with their gender expression. How do propose your community ‘weeds them out’? Pitchforks? Torches? Strip searches?

            Why don’t you just learn more about this? Why do you insist on speaking from a position of ignorance about this issue? It’s not going away…

          3. What is “gender expression”? and why should we care? Chromosomes determine male or female. If you have male chromosomes, use the men’s room, if you have female chromosomes, use the ladies room. It’s very simple.

            This is a BOY. He has male chromosomes and a male biology.

          4. friendship220… you don’t know what you are talking about. Do you have any idea how many variations of chromosomes that don’t fit neatly into “male” or “female” categories there are? You assume you have a ‘typical’ male chromosome pattern, but you don’t know for sure because ALMOST NO ONE has their chromosomes checked… ever!

            We don’t do chromosome checks on people before then go to pee… we allow people to pee based upon how they express their gender identity (i.e. do they look like they generally fit into male and female stereotypes) and how they experience their gender identity (“Well, she looks a little ‘butch’ to me, but I guess she knows which bathroom she should use.”)

            I’m glad you asked the question about gender expression. Good information begins with good questions. And why you should care about gender expression is because you, your partners, your kids, friends and family are judged on it EVERY DAY… you just didn’t know the name for it and don’t realize it because you probably fit into a general “male/female” gender expression stereotype.

            As a matter of fact, this girl ALSO fits into a relatively general female gender stereotype. If you were looking at any group of 12-15 year old girls you would NOT be able to pick this girl out from the crowd. So… again… how exactly do we decide which of these kids we choose to persecute? And how do we identify those who have not been singled out for abuse by Paul Melanson and the grandson he instigated to express his shameful hate?

            Body scans for all children and youth before then enter the restroom? I mean… what if I think YOUR kid might have something to hide with regard to restroom issues? How would you feel if I made a stink and required you, your family and your child to PROVE your daughter’s right to simply enter a room, pee or poop and leave?

            All I’m asking people to do is think… not repeat crap you’ve heard from someone or somewhere else… but think.

          5. XX and XY are normal. They should use the proper bathrooms. If there are cases of something other than XX and XY, we can look at those cases, and derive special solutions for those cases.

            If we’re only talking about bathrooms, I’d think it best to have a whole bunch of tiny bathrooms, instead of one big one. But we’re talking about a school here. Not a rest stop. The school knows more about their students than people at a rest stop.

            We’re talking about what bathroom someone uses. We aren’t talking about various punishments for using the wrong bathroom. And if you’re XX, you use the ladies room, and if you’re XY, you use the men’s room. If you’re something else, then you’re a special case.

          6. friendship… almost no one KNOWS what their chromosomes are. You may think you do, but you don’t. And you’d be AMAZED at how often something other than simply XX or XY occurs.

            Furthermore, here you say “We aren’t talking about various punishments for using the wrong bathroom” and then, in another post and conversation you and I are having you say “How about 30 days in jail for using the wrong bathroom.” Contradictory much?

          7. I actually don’t care about the punishment part. I think it was you who wanted to talk about testing people or something. You wanted to know about strip searches or something. I think that I argued that the punishment might be high, because there really wouldn’t be a lot of testing. But, again, I don’t really care too much about that.

            Boys = XY
            Girls = XX

            If there’s a chromosome problem, that’s a different story.

          8. If this boy and his parents are so sure he’s a girl then why haven’t they had him physcially altered already? Maybe because he could change his mind in a few years? If that should happen, should all the girls who lived with his boy in the bathroom be allowed to sue the family for lying, for the school letting a boy in the girls room?

            The school could have said to the family, hire a body guard but instead they bent over backwards trying to make everyone comfortable.

          9. Because, believe it or not, this is not about the parents “having [HER] physically altered”, it’s about the girl’s decisions and medical ethics which will not, in good conscience, allow a surgeon to perform irreversible surgery on a youth until they have attained the age where they can give what is called “informed consent”.

            This girl HAS attained that age, and for all you know (none of your business, by the way) may have or may NOT have had surgery of some kind. It’s irrelevant. Again, by simply asking the question, you presume that you either know all of the ‘facts’ already, or that you even have the RIGHT to know that kind of information. YOU DON’T.

            Secondly… I and many others have worked with hundreds of these kids over the past 30 years or more and for those (like this girl) who have consistently identified as a gender other than the one they were assigned at birth for this long (virtually her whole life), less than 1% of them change their mind.

            The part about the other girls suing her is too silly to respond to.

            As to the last part… if not for Mr. Melanson and his son Christopher, the girl would not have NEEDED a bodyguard and why should ANY family have to absorb the cost of a bodyguard when it the school’s responsibility to provide SAFE spaces for all kids to attend school in? The school initially did the right thing… and then CAVED IN to pressure brought by one man with an agenda and his backers, the Christian Civic League of Maine which clearly said in a BDN article from 2007 that they were fighting, and I quote them “the reign of tyrannical political correctness” which was “making [them] mad.”

        2. There was a documentary made about 30 years ago about this phenominon. It was called “Private School For Girls”. Had Betsy Russell in it. Mathew Modine. Bosom Buddies, with Tom Hanks also covered this ground.

          1. Saying that those films “covered this ground” is like saying “Hogan’s Heroes” covered the POW experience or “Reno 911” covers the police experience. Of course, it’s not your child, so you can treat this as a joke, I suppose. After all, why should you care?


          2. You say it’s a straw dog argument. And yes, I guess I don’t have much sympathy for those who haven’t tried yet the whole “look, you’re a boy” argument with their child. And hey, there’s gay marriage now, so, these boy/girls can now marry whoever they want is what it appears. But boys are not girls.

          3. Why is it that you believe the parents haven’t “tried” the “look, you’re a boy” argument? That is an assumption you’ve made without any evidence whatsoever. Or is it that you assume that if they HAD made that argument that it would have worked? It doesn’t… and in fact, there is substantial evidence that forcing kids to comply with a gender identity that doesn’t match their internal sense of self is IMMENSELY destructive to their well-being.

            I can tell you that the father of this girl came from a VERY conservative background… lifelong Republican, hunter, definitely not a “pro-gay” kinda guy when this all began. It took him a long time to realize that he had a choice… having a living, happy daughter, or a depressed, suicidal “son”. The child’s twin brother recognized that this is who she is and has been supportive from the beginning.

            Please do not simply make up your own narrative about this family, their journey and their motivations out of thin air. These are real people who, in the end, realized that having a happy, productive, academically successful daughter was more important than making their conservative or closed-minded neighbors happy. You simply do not know the sacrifices this family has made to support their daughter.

            Thank you for engaging in this discussion…

      2. ” Whose to say a boy pretending to be a girl just wears to get into the girls bathroom”

        Just because it’s something you would do, that doesn’t mean that anyone would do it.

  12. Boys dressed up as girls should still have to use men restrooms and girls dress as boys should still have to use girls restrooms… NO EXCEPTIONS!

    1. And what should be done when {boys dressed as girls} get the stuffing beaten out of them for using the bathroom which you designate? Or is that part of your plan?

      1. I just think you should use the bathroom that is designed for your organs has nothing to do with getting beaten up… that’s a different story

        1. Exactly how is a toilet designed for a sexual organ? Urinals I can see… but toilets?

          Nice try though.

      2. if that happened, it’s possible that they could get cured and put on boy clothes. But probably not. But they might try to figure out a way for the boy to want to put on the boy clothes.

        1. Wow you are very interested! Did I already mention the scientific genetic studies showing variants of xx, xxy, xy, etc., or would you just dispute out of hand, recommend drugs? Perhaps you are xyyy.

          1. If you’re talking about genetic abnormalities, you’re talking about something different that what we have here. We are not talking about xxy here. But yes, people with unusual chromosomes are a special case.

    2. Yes, that should pose no problems. Junior high and high school boys are famous for their understanding and tolerance of those who are different from them.

      1. Interestingly enough, when respect if modeled for them by adults, they adjust pretty quickly. Of course, when they see the adults acting like idiots, abusers and hate mongers, they might just model that too.

        Your choice…

  13. GOOD! Until that child has had a reassignment surgery, they should not be in the bathroom with kids of the opposite gender. Giving the girl a bathroom of her own to use (Staff bathroom or some neutral place) is the only good answer here. When she becomes a girl for real, then she’s good to go in the ladies room.

    1. Supporting a child’s decision to cut off his penis and call himself a girl , yup that makes total sense.

      1. I didn’t say the parents would support the decision. I know I wouldn’t. However, when the kid is eighteen, it’s going to be on him (her). At that point, there shouldn’t be any school issue anymore.

        1. Yes… letting the child suffer the abuse you are heaping on her until she is 18 is the right solution. I mean, what other choice could there be? Hmmm…. wow…. can’t really think of one. Well, maybe… support and compassion? Is that too much to ask?

          1. Abuse? They offered a teachers bathroom. I wish I could have used the teachers bathroom during high school. This child is not abused unless its the parents who are doing it at home. I see not facts that support your claim.

          2. They didn’t “offer” the use of the teacher’s bathroom, they REQUIRED her to use the teacher’s bathroom. There is a big difference… those are the facts.

          3. The boy wasn’t allowed to use the boy’s bathroom? After all, he’s a boy. A crazy boy who thinks he’s a girl.

          4. Now you’ve decided the mental state of this kid? And you want people to take you seriously. I pity the children in your life…

          5. The boy thinks he’s a girl. That makes him crazy. He might want to mutilate himself, making it impossible for him to reproduce. If everyone did this, humans would become extinct. Extinctionary behaviors aren’t healthy, they’re an illness. Believing that you’re a girl when you’re a boy is an illness. Perhaps it was caused by GMO or HFCS. I don’t know where this came from, but they should be working on a cure. Because it’s bad policy to have otherwise healthy people running around, mutilating their genitals, making themselves unable reproduce.

          6. A) She is not crazy.. (at least not according to “experts”. You’ve heard of them, right?
            B) She has no interest in “mutilating” herself, but she may (or may not) want to bring her body more into alignment with her gender (also, so people like YOU will let her pee where she wants to pee).
            C) Not wanting to personally reproduce is, in no way, shape or form considered to be an unhealthy desire or illness. You made that up or heard it from someone who is talking out of their… ummm… hind quarters.
            D) Having an individual decide that, for WHATEVER reason they do not want to personally reproduce will not lead to extinction… clearly. Furthermore, what about all of those ORPHANS in the world who need homes. If we just keep making more kids for the sake of reproducing our own DNA and do not take care of the kids already here, we will witness an ongoing tragedy of discarded children.
            D) I’ve come to the conclusion that, unless you bring up or ask any further GOOD or helpful questions, our digital relationship is over, friendship220. It’s been nice… but I seem to be doing all the giving (information, knowledge, facts, etc.) and you seem to either doing all the taking, or ignoring me.

            Oh well… we tried.

          7. Oops.. make that second “D” and “E”. You’re a forgiving group, I know you’ll let that slide.

          8. Since you broke these off into A-D – let’s address

            A) Actually, she is or was considered crazy by the “experts.” I’ve heard of them. They can get protested by crazy people and embrace crazy things. I’m not impressed by the APA. I’ll stick with Crazy. However you want to define a boy who thinks he’s a girl. Something is clearly wrong with their brain because the brain isn’t telling them that they’re a boy. And they are boys if they’re XY. And girls if they’re XX. You can’t just make it up based on whatever feelings you have at any given moment.

            B) I’d say no. If that boy mutilates himself, he’s still a boy, still should be going to the men’s room. “bring her body more into alignment with her gender” means “mutilate his body because he’s crazy”. Because he is a boy. That is determined by Chromosomes. XX for female. XY for male.

            C) If there’s something, that if everyone does it, it would cause the extinction of the human race, it an extinctionary behavior. And extinctionary behaviors should not be encouraged by public policy. Extinctionary behaviors are an illness.

            D) Right. If only one person shot themselves in the head, it wouldn’t lead to extinction. But shooting yourself in the head is an extinctionary behavior, and it’s bad public policy. Same here, the argument is that one person mutilating their reproductive organs doesn’t cause extinctions, it’s what would happen if everybody did it. It’s extinctionary if everyone does it. It doesn’t matter if everyone does it or not, it’s still an extinctionary behavior.

            D) I don’t really know what a “digital relationship” is, but I’ll comment on posts if I feel like it.

          9. It is when he’s sharing the bathroom with my daughter. Where’s the compassion for her? The humiliation of having to pee in the same restroom as a boy, for God’s sake! Why do we constantly seem to pander to the minority in these situations? The kid isn’t being abused here…they’re being told to use a certain bathroom, not being flogged!

          10. Your daughter would NEVER have known this young girl was transgender if Paul Melanson hadn’t goaded his grandson Christopher into bullying and harassing her when she went into the restroom to simply do what everyone else in the world goes into the bathroom to do… These kids are not evil, or perverted or predators. They are simply kids who are being demonized by people like you based on unfounded speculation and ignorance.

            The school district was guilty of being an accomplice to the bullying the minute they allowed the bullies (Paul Melanson and grandson) to intimidate them into changing their original position of treating this young girl like any other girl…

  14. I think the poor girl is being harmed by segregating her and making her an outsider to the other kids. As if she didn;t have enough messages from her culture that she doesn;t measure up! The kids who should be forced to use the single stall rooms are the kids who have a problem with her. The judge got it all wrong, in my opinion.

    1. nope he got it right. Make one person happy while making everyone else uncomfortable…I’m with Mike G. and I have a son. You go to the public bathrooms that fit your body not your mind. SORRY.

  15. Parts, it’s all about parts! Don’t matter who she/he wants to be at heart, choice of restrooms comes down to boy parts or girl parts. LOL Dang, I wanted to be 6′-4″ and 285 lbs, but I don’t run over to use the team restroom…

  16. So he/she got special privileges and it was not good enough? He/she got to use a staff bathroom instead of a “public” restroom, and felt discriminated against? Two things: Thank you to the grandfather who spoke up, as I would be upset if a “boy” was in the bathroom with my 16 year old daughter. And two, this is an example of why gay marriage should not be allowed, where do battles in court stop? I can’t wait for the first gay couple to feel discriminated against relating to getting married, and let the lawsuits begin. How many tax dollars in lawsuits do we have to spend?

  17. This is SO WRONG. She was hurting no one by using the girls room. She just wanted to be accepted for who she is. Why can’t people let others thrive as they are? I only hope they win this in appeal. My fingers are crossed and hopes are high. Transgender kids have enough trouble without the adults they depend on standing in their way.

  18. I think the school is doing a great job on limiting the bullying. In the 80’s alot of it took place in the bathrooms and they were not monitored. By letting her use the staff bathoom, they are making a provision for her that she should be thankful for.

  19. Good sense? The court upheld the right to discriminate against THE GIRL. Simply because your ignorance (and FAILURE TO DO SOMETHING ABOUT IT) doesn’t allow you to comprehend what transgenderism and gender identity disorder are, doesn’t meant that you’re permitted to exercise your hate and bigorty against someone who happens to be transgendered. There is no such thing a separate but equal.

    1. It isn’t hate and bigotry, you senseless clown. HE IS NOT A GIRL, AND HE IS NOT BEING DISCRIMINATED AGAINST. There are two sexes in the human race, one has a penis, the other has a vagina. It doesn’t matter if HE thinks she is a girl. It doesn’t matter if HE is a transgender. HE should not be permitted to use the women’s bathroom, PERIOD. It is people like you that scream and cry hate and discrimination over an issue that has NOTHING TO DO with hate and discrimination. Let me ask you this, what about about transgender people that are transgender because they CHOOSE to be? Should they be allowed to use whatever bathroom they want? Can you not see the potential problems that would create? Your post is actually the only hateful thing I see here.

      1. What you just wrote was hate filled. So what’s the point? You wrote a reply to someone in an attempt to belittle that person.

  20. It must be hard to for the reporter to write about this because i am confused. So the “child” was born a male and he wants to use the girls bathroom? This child is a male, so the answer is no. Simple enough.

  21. My goodnes!! A judge that used some common sense……………… I wonder how many referendum ballots it will take before this issue is settled in Maine to the satisfaction of the Gay and Lesbian Advocates and Defenders, oh yea, don’t forget Kevin…….

  22. I got confused reading this article, and maybe I overlooked it but was this child born a female and feels to be a male or the other way around? Not that it matters, I’m just trying to make sense of what the judge ruled I guess.

    1. A hint to figure these things out. If the newspaper says “girl”, it’s a boy. Here, it’s a boy. Normal, crazy, boy.

      1. Maybe normal child with publicity seeking parents. What do you think this story is worth as a made for TV movie
        Lived on this earth for over sixty years, New York, Massachusetts New Jersey, New Hampshire big cities, small towns, had over 2000 boys and girls in my High school graduating class, and guess what… NEVER saw a single child who wanted to be the opposite sex. Had a bunch of tom boys in grade school, but they all grew out of it.

  23. I find it interesting that boys and girls want to play on the other gender’s sports teams, join their clubs etc so why not just have BATHROOMS?? No gender specific…you want to be accepted into every group and such, then why differntiate at all? Transgender toileting issue solved.

  24. I don’t understand how this boy CANNOT get an education/learn without being a girl?
    Seriously all kidding and smut aside can someone explain this to me?

    1. has nothing to do with education just wants access to the bathroom of the opposite sex…..wrong. One judge in this state that actually did the right thing.

      1. Quoted from the newspaper article, attorney Bennett Klien “transgender girl needs to live as a girl in order to get an education.” Thats what I was questioning, where you go to the bathroom has nothing to do with learning.
        While I think it’s wrong for other kids to be mean. I think that the schools attempt at preventing further discomfort and bullying for all, they did make a pretty good and reasonable offer.

  25. And so the sickness begins! We told ya this would happen!…Just wait until the first church is sued over not providing homosexual union service!!

    Get your kids out of public school…!

    Find a way to home-school or attend an academy, however you do it…get them as far away from public school as you can!

    1. This has NOTHING to do with gay marriage. The student is not gay and it is about where this person is allowed to pee, not getting married.
      Also, the law allows for churches to refuse any marriage ceremony, so there will be no lawsuits. Get over it.

    2. This case happened back in 2007!……and it has nothing to do with gay marriage. You lost……get over it.

    3. Welcome back! Glad to see that your total, utter inability to prevent the equal treatment of other Mainers hasn’t hindered your ability to post temper-tantrums brimming with hyperbole.

  26. I am sorry for the 1 person but I don’t believe that 1 person should make every one else uncomfortable. It is simple, if you have to face the toilet to pee you should be in the boys room, dress or not. You pass that law and all kinds of people are going to be using the opposite sex’s bathroom. We already have enough ways that pervs invade. So transgenders need to look at the whole picture including OTHER people’s safety. I think most of the time when the minority flag is waved, it is simply the act of the “ME” minded.

  27. I’m torn on this issue – on one hand, I say “Let her use the ladies restroom and stop discriminating against her!” and I think that this is just a restroom and what is the big deal about using the men’s restroom – use a private stall and not the urinal.
    My heart really does go out to this young lady and I wish her all the best! I know that it must be so difficult to be a transgender teen in this day and age. I just hope that the school doesn’t put up with any bullying because of this issue. I really wish that BDN didn’t publish their names just because of people’s reactions to this. I hope that they stay safe and united in their plight!

  28. These parents should have been prosecuted for child sexual abuse for encouraging and allowing their child to become “transgendered.” These are parents who are likely politically motivated and who are exploting their own children to advance a Marxist agenda of debasing Americans through exposure to the GLT sexual deviance and degradation.

    Google Search Terms: YouTube Soviet subversion American Youth

  29. If I had a daughter who went to this school, and she came home and told me that she was forced to tolerate a boy coming into the girls bathroom while she was using it, I’d be very, very angry. Good ruling!

  30. I just went back and read one of the articles linked above. The school, for my view, didn’t discriminate against this child, but took special notice and allowed the child to use the staff bathrooms INSTEAD of discriminating. If that is discrimination, it is also discrimination to place a challenged child in special classes that met the child’s needs. We can’t have it both way, kids.

  31. how is he/she/it even in school? if i looked between my legs and saw a dick but acted like a girl, id be too embarrassed to attend class.

  32. So those of you who think this he/she/it should have access to girl’s restrooms do you also think he/she/it should be able to shower and dress in the girl’s locker room?

  33. Like I saw in a restaurant once, label the restrooms “wipe its” and “shake its”. No boys, girls, mens, womens, or any gender identity terminology whatsoever. Just simple plumbing.

  34. So what happens when an intersex child goes to school who has parts of a boy and a girl and whose parents didn’t choose what sex the child will be? Where do they go?

  35. The court ruled the boy is not a girl. Read the ruling before writing the story. By continually referring to the subject as “a girl” you make the story confusing (Why can’t “the girl” use the girl’s bathroom?) Because it is not a girl. It has a penis. Having a penis and no overies makes one a male. Sorry, but that is really the end of the argument.
    Lots of people don’t like what they are. They are free to persue their change if they wish, they may not force society to accept that change as reality.

  36. I am the parent of a 14 yr old transgender son (female to male) I know and love this very brave family. They are the kindest most loving people I know. You can’t possibly know how much courage it takes for this family to fight this battle for their lovely daughter and for all transgender children. I fought the bathroom battle with my sons high school and with the NYCLU’s help I won. He now uses the boys room with the schools permission and none of the kids care. You can’t possibly know the struggle a transgender child goes through to just be accepted for who they are inside. The suicide rate among transgenders is 50% BUT with families and friends support that rate drops drastically. Why would you want to contribute to that rate by forcing these very brave children to continue to be discriminated against? My son went from a depressed suicidal child to a very happy confident young man by just being allowed to the boy he really is inside. I had the choice between a Live Son or a Dead Daughter. I made the right choice would you? You really can’t judge without first walking in these people’s shoes. I commend this wonderful family and want them to appeal and to keep fighting for what is right for their daughter. On this Thanksgiving Eve I am so thankful there are loving families like this in the world.

  37. Just an FYI to anyone who thinks that Paul Melanson’s motives for picking this fight were “noble” and “righteous. It is clear that, from the beginning, his only goal (which he shamefully instigated his grandson to join in on) was to persecute and harass this child and her family until they either ‘conformed’ to his way of thinking or took the child out of the school completely.

    Note: From the beginning, the media contributed to the bias and misinformation by using only male pronouns to refer to this child, thereby giving the impression that a ‘male appearing child’ was using the girls restroom.

    The following is from a December 2007 article that appeared in the Bangor Daily News:

    The fight isn’t over for an Orono man who is upset about the actions of a student in his grandson’s class.

    Paul Melanson addressed the school committee Tuesday regarding his frustration over a male student in his grandson’s fifth-grade class at Asa Adams Elementary School who was being allowed to use the girls restroom because he allegedly wants to change genders.

    Melanson is the guardian for his grandson and is upset over the situation…

    “At this kid’s request, he’s being treated like a little girl,” Melanson said when addressing the committee.

    Committee Chairman Robert Swindlehurst limited Melanson’s comments to about three minutes in order to protect the identity of the student.*

    *My Note: Apparently from the beginning even school officials were concerned that he might be motivated to violate this child and her family’s right to privacy.

    The article continues:

    During his presentation to the panel, Melanson said that in October, he called Superintendent Kelly Clenchy, concerned with what his grandson had told him about the other student. Clenchy denied the situation was happening, Melanson said.*

    *My Note: Let’s put this in context. The school was accused of letting “a boy” use the girl’s restroom. Initially, Superintendent Clenchy was supportive of the family by A) not violating the family’s (and child’s right to privacy), and B) not affirming Paul Melanson’s representation of the situation. NO ONE else had a problem with this girl using the restroom because they either supported her in being herself or because they simply did not perceive her as anything BUT a girl… which means that there were NO PROBLEMS associated with her using the restroom… until Paul Melanson goaded his grandson Christopher into bullying the girl.

    The BDN article from 2007 continues:

    Melanson then gave his grandson permission to follow the boy into the girls restroom and use the facilities. He did so on Oct. 4 and was taken to the principal’s office.*

    *My Note: Again, the BDN inappropriately affirms Melanson’s position by imply that the child was presenting themselves as “a boy” and doing something inappropriate when using the restroom.

    BDN article continues:

    Melanson was called and told that if his grandson continued with his behavior, “he would be having a bad year,” Melanson said.

    Orono police later visited the grandfather’s house and Melanson said they told him not to use his grandson as a pawn in his fight.*

    *My Note: EXCELLENT advice… but of course, Mr. Melanson was on a ‘Crusade’ and he could actually have cared less about his grandson or this girl’s lives….

    BDN article continues:

    “The Orono School Department is complying with all laws,” Swindlehurst said. He added that “the situation is not occurring at this time.” *

    *My Note: Completely true statement. The “situation” that Mr. Melanson was trying to imply with his reckless accusations and characterizations was not, in fact, occurring at that time (or at ANY time). The OSD ( at that point, at least) was complying with both letter, intent and spirit of the Human Rights Commission law.

    BDN article continues:

    But when Melanson asked which restroom the student now was using, Swindlehurst said he wouldn’t discuss the matter.*

    “The individual is using the appropriate bathroom,” Swindlehurst said. He then thanked Melanson for his comments.

    *My Note: OF COURSE HE WOULDN’T DISCUSS THE MATTER. The police officer knew that A) The child had a right to privacy, B) No law was being broken and no danger existed for Christopher Melanson or any other child at the school, and C) that Paul Melanson’s only motivation was to harrass and bully this child and her family. The police officer understood the REALITY of the situation, not the misguided, oppression-driven fantasy that Mr. Melanson was trying to create… “The individual (re: girl child) is using the appropriate bathroom.” It was the appropriate bathroom because she dressed like a girl, looked like a girl, felt like a girl and was being treated like a girl by virtually ALL of her classmates and the school staff.. with THE EXCEPTION OF PAUL MELANSON’s GRANDSON.

    BND article continues:

    “My attorney will follow up,” Melanson said before leaving the podium.

    After the meeting, Melanson said his grandson told him the student now is using a restroom designated for teachers. Melanson said his next step would be to give his grandson permission to use that restroom, even if it means the child might be expelled.

    He said that the same anti-discrimination laws that are likely to be used to justify the other boy’s use of certain restrooms also could be used to justify his grandson’s use of the same restroom.*

    * MY NOTE: And herein lies the smoking gun. It is CLEAR from Mr. Melanson’s comments above that this was NEVER about some noble attempt to “protect” other kids or stand up for Mr. Melanson’s moral beliefs (possibly instigated by the Christian Civic League of Maine). His SOLE MISSION was to persecute and harass this child and her family REGARDLESS of which restroom she used.

    Exactly HOW was Christopher or ANY other child threatened by the girl’s use of the staff bathroom (even though that was an inappropriate and completely uneccessary change in school policy and the point at which the school became complicit with Mr. Melanson’s bullying of this young child and her family)?

    BDN article continues:

    “I’m going to keep fighting it,” Melanson said. “It’s going to continue. I want the law straightened out.”*

    *My Note: It’s possible that when Mr. Melanson said this, what he meant was (at the urging of the Christian Civic League of Maine) that he wanted the law changed to permit the oppressive behavior and actions that he and the CCLM were currently perpetrating on this kid.

    BDN article continues:

    Melanson is supported in his fight by the Maine Christian Civic League, which has published two stories on the issue on its Web site,, and by the league’s attorney, Steve Whiting of Portland.

    League Executive Director Michael Heath was unable to attend the meeting, but another representative from the organization brought to the meeting Heath’s written comments supporting Melanson.

    “Support for the privacy of the student and family is leading public officials, including the police, to make some profound errors,” Heath said in the letter. “The reign of tyrannical political correctness is making us mad.”*

    *My Note: It’s clear from the statement by the CCLM Executive Director’s statement that this was NEVER about a violation of Christopher Melanson’s “rights”, but rather about the CCLM’s and Paul Melanson’s (as their chief tool) agenda to eliminate what they believed was a “reign of tyrannical political correctness” that was, in his own words “making us mad.”

    So… they encouraged Mr. Melanson to use his grandson to persecute (and sacrifice) this girl…. when NO ONE was being harmed at the school, NO ONE had complained… THE GIRL was being treated and accepted by the other kids at the school as just another girl and life was going on peacefully.

    But hey… why let the facts, human decency and the welfare of a child get in the way of the CCLM’s fight against the “reign of tyrannical political correctness”

    Facts matter… and ignoring the facts and reality has led to 5+ years of immeasurable suffering and sacrifice by this loving father, dedicated mother, their daughter and her twin brother.

    Again, I say “shame” on those who not only began this “witch hunt”, but on those who continue to demonize a wonderful family based on lies, fear and ignorance.

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