Republican attorneys general warn Maine against passing law that allegedly violates Constitution

A group of 16 Republican attorneys general warned Maine against passing a state law that they argue could violate the U.S. Constitution by infringing on the rights of other states. 

The Maine Legislature is considering a bill that they say would establish a "legal right to gender-affirming health care services and reproductive health care services" and prohibit actions from being brought against people in Maine who engage "in legally protected health care activity."

The attorneys general, led by Tennessee Attorney General Jonathan Skrmetti, said in a letter Monday to Maine officials that the bill's "unique constitutional transgressions merit our comment."

The Republican attorneys general said that the bill "seeks to contravene the lawful policy choices of our States' citizens by imposing on the rest of the country Maine’s views on hotly debated issues such as gender transition surgeries for children."

The bill would also prevent other states from arresting a person in Maine for participating in healthcare activities that may be banned in that state but are protected in Maine.   

The Republicans also said that if Maine enacts the "constitutionally defective" legislation, "we will vigorously avail ourselves of every recourse our Constitution provides."

Reproductive and LGBT activist groups have praised the bill.

For example, the group GLBTQ Legal Advocates & Defenders said the legislation "recognizes the very real efforts of actors outside of Maine to impose the hostile laws of other states against providers and patients in Maine. There are already 17 other states plus D.C. that have enacted shield laws for these same reasons."

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