In November, Penobscot County Superior Court Justice William R. Anderson ruled against the family.
The school district “acted within the bounds of its authority,” did not harass the girl with its actions and was not “deliberately indifferent” to the harassment she was receiving, Justice Anderson wrote.
“The court is not unsympathetic to Susan’s plight, or that of her parents,” he added. But the 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.”
After Wednesday’s arguments, Nicole Maines told The Associated Press that she hoped the seven justices can understand “how important it is for students to be able to go to school and get an education and have fun and make friends, and not have to worry about being bullied by students or administration, and be accepted for who they are.”
The Maineses were supported in court by the Maine Chapter of the American Academy of Pediatrics; Maine Psychological Association; National Association of Social Workers-Maine Chapter; Trans Youth Equality Foundation; two chapters of the Gay, Lesbian & Straight Education Network; and Maine Women’s Lobby.