As a Maine resident, I was surprised to learn that my state is one of nine left in the U.S. without any laws protecting children from female genital mutilation/cutting (FGM/C). Upon doing more research, I discovered Maine’s complicated history of attempting to pass anti-FGM/C legislation, as well as the intersectional issues surrounding the two bills and one ballot initiative, on FGM/C that had been introduced in the state. Both bills had bipartisan support, however, after the bills were introduced to the State Senate and House floors, the issue of passing the legislation addressing FGM/C became highly partisan. A large point of contention was whether there should be criminal consequences for any parent or guardian who knowingly consents to a minor undergoing FGM/C.
Timeline of Proposed Legislation:
Bills 2017- LD 745, and HP 525, were introduced in 2017. Both laws would have made it a Class B crime to, (a) perform FGM/C on a minor “for nonmedical purposes,” (b) for a parent or guardian to consent or permit FGM/C to be performed, and (c) for a parent or guardian to remove the minor from the state for the procedure. Despite a Senator attempting to bring an amendment to the floor that removed the language making it a crime to consent to the procedure, the bill did not pass by one vote and later died between the House and Senate.
Bills LD 1819, and HP 1261, were proposed in 2018 and sponsored by Representative Heather Sirocki & Cosponsored by Senator Mason. These bills would have made it a Class A crime to, (a) perform FGM/C on a minor, (b) knowingly transport a minor outside of the state for the procedure, and (c) knowingly consent to the procedure. The bill also called on the Department of Health and Human Services (DHHS) to develop a program that includes: community-based education, outreach and provision of support service to victims, training for mandated reporters, and distribution of educational materials about the health risks, emotional risks, and legal prohibitions/penalties of FGM/C. Although this bill passed in the Senate, it later died in the House.
Another reason that led to the bill’s death, was that in 2018, emails were released that showed State Representative Heather Sirocki, was in contact with the national office and local chapter of ACT! For America, to garner support for an event she was hosting to promote her anti-FGM/C bill. ACT! For America, is an anti-Muslim hate group founded in 2007 that is known for promoting “anti-Sharia” legislation, pushing anti-Muslim conspiracy theories, and spreading fear of Islam within America. There were concerns that having ACT! For America presenting at an event promoting anti-FGM/C legislation would promote false stereotypes that FGM/C is connected to Islam, and target immigrant communities in Maine. A report by the American Immigration Council reported that in 2021, 3.8% of Maine’s population consisted of foreign-born individuals, and 1.4% of native-born Americans had at least one immigrant parent.
Representative Sirocki denied reaching out to ACT! For America, claiming that the emails only show her responding to a request for information about the Bill. Sirocki also claimed to have anecdotal evidence that FGM/C was actively occurring in Maine. Then Governor Paul Lepage, stated during a press conference that the MaineCare health program paid out numerous claims for mutilation-related care, including treatment for children injured in Maine. The Maine DHHS refuted these claims stating that the treatments described were for conditions that wouldn’t likely be for children but rather for adult survivors of FGM/C. These controversies surrounding proposed FGM/C legislation in Maine and, overall, the intersectional nature of the issue of FGM/C, have made it challenging to move legislation forward.
In addition to the two bills being introduced, a potential ballot initiative was introduced by petition to be included on a 2020 ballot that would have allowed citizens of Maine to vote on the issue, and if passed would have become a state statute. This approach was taken following the previous failed legislative initiatives, demonstrating the desire of citizens to pass this legislation. The 2020- Maine Crime of Female Genital Mutilation Ballot Initiative would have criminalized FGM/C being performed on a minor with a punishment of up to 30 years of incarceration and up to a $50,000 fine. However, the initiative did not even make it onto the ballot because the initial petition failed to gather enough signatures from Maine citizens to be considered by the ballot initiative deadline.
Even with all these challenges, the initial bipartisan support that has been given to this issue in the past gives me hope that in time and with the right political climate, and with survivors pushing the way, Maine can eventually come up with agreed-upon language for a bill that addresses FGM/C holistically and comprehensively. One day, our state will join the 41 other U.S. states protecting girls and women from the harmful practice of FGM/C.