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Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 4601 (2026)

Right to freedom from discrimination in education

✓ current as of May 2026

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The opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs, all apprenticeship and on-the-job training programs and all extracurricular activities without discrimination because of sex, sexual orientation or gender identity, a physical or mental disability, ancestry, national origin, race, color or religion is recognized and declared to be a civil right. [PL 2021, c. 366, §18 (AMD).]

SECTION HISTORY

PL 1983, c. 578, §3 (NEW). PL 1987, c. 478, §3 (AMD). PL 1989, c. 725, §1 (AMD). PL 1991, c. 99, §27 (AMD). PL 1991, c. 100, §1 (AMD). PL 1991, c. 824, §A4 (RPR). PL 2005, c. 10, §20 (AMD). PL 2021, c. 366, §18 (AMD).

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2004–2026 · leading case: Fitzpatrick v. Town of Falmouth, 2005 ME 97 (Me. 2005).

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Fitzpatrick v. Town of Falmouth, 2005 ME 97 (Me. 2005). · cites it 2× “A third claim alleged a violation of the Equal Protection and Due Process Clauses of the Maine Constitution. The only relief requested for these three claims was a preliminary and permanent injunction.”

Fitzpatrick v. Town of Falmouth, 321 F. Supp. 2d 119 (D. Me. 2004). · cites it 2× “State Claims Count I seeks to state a claim under the first section of the Maine Human Rights Act that deals with educational opportunity, 5 M.R.S.A. § 4601. That section recognizes as a civil right “the opportunity for an individual at an educational *129 institution to…”

Fitzpatrick v. Town of Falmouth, 324 F. Supp. 2d 95 (D. Me. 2004). “Count I (5 M.R.S.A. § 4601) and Count III (5 M.R.S.”

XinXiu Tina Hogan v. Kennebec Valley Cmty. Coll., 2026 ME 5 (Me. 2026). · cites it 4× “119-59 ) for a violation of procedural due process and the other for unlawful educational discrimination, see 5 M.R.S. § 4601 (2025). We affirm. * Justice Horton sat at oral argument and participated in the initial conference while he was an Associate Justice and, as directed…”

Helwig v. Intercoast Career Inst. (Me. Super. Ct 2012). · cites it 2× “5 M.R.S.A. § 4601. 5 Educational opportunities free of discrimination are declared to be a civil right.”

Hogan v. Kennebec Valley Cmty. Coll. (Me. Super. Ct 2024). “and unlawful education discrimination in violation of 5 M.R.S. § 4601, et seq. (Count Ill). Meanwhile, on November 27, 2023, KVCC moved to dismiss Counts II and III of the Amended Complaint as duplicative of the Rule 80B review of governmental action (Count I).”

Thompson v. Liberty (Me. Super. Ct 2022). “The motion for summary judgment applies only to Count One of the Third Amended Complaint, which alleges unlawful discrimination under the Maine Human Rights Act (5 M.R.S. §§ 4601 et seq.). The essence of Thompson's argument in support of his motion for summary judgment as to…”

Faithfull v. Maine Principals' Ass'n (Me. Super. Ct 2012). “Discrimination under the Maine Human Rights Act, 5 M.R.S. §§ 4601, 4602. The Defendant is correct to state that this is a different case than was presented to the court in February 2010.”

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