Maine LGBT Bias Law Passes First Crucial Test
by 365Gay.com Newscenter Staff

Posted: September 19,  2007 - 5:00 pm ET 

(Augusta, Maine) Maine's Human Rights Commission has found there are reasonable grounds to support a claim by two gay men that they were discriminated against by a landlord who pressed them about their sexuality and then abruptly terminated their lease.

In a split decision the commission voted to send the complaint to mediation.  If that fails the case would then go to trial.

It is the first test of amendments to the state's Human Rights Act after sexual orientation or gender identity was added in 2005.  The legislation went into effect in January 2006.

Kenneth Bustin and Marc Bernier of Wilton, allege that their landlord, Helen Caton, had discriminated against them by revoking their rental agreement after asking them if they were gay, and then asking if they were in a relationship.

At a hearing this week Caton told the commission she did not care if the men were gay or not, but Bustin countered the question should not have been asked.

"When you ask that question, it's because you're interested in the answer," he told commissioners.

According to Caton the lease was terminated the day the men were moving in last March because she did not believe they would care properly for the apartment and she was intending to sell the building.

In its ruling the commission said it could not be proved that Canton had discriminated against the men because of their sexuality, but that she should not have asked them if they are gay.

"A landlord cannot inquire about sexual orientation or disability or race or religion about any prospective tenant," said Patricia Ryan, the executive director of the Maine Human Rights Commission.

The commission found there was an even chance the case would succeed if it were to proceed to trial.

It is illegal under the Human Rights Act to discriminated in employment, housing, credit, public accommodations and education based on sexual orientation or gender identity.

After the legislature passed the measure and it was signed by Governor John Baldacci a conservative group has vowed to force the issue to a referendum. The attempt failed and the law went into force the following January.

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