Rep. Laurie Osher (D-Orono) presented a bill before the Committee on Housing and Urban Development on Tuesday that would establish what appears to be discriminatory LGBTQ drug recovery housing that must be operated by LGBTQ-identifying recovering addicts.
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“The goal of this bill is to address the shortage of safe and affirmative recovery housing options for LGBTQIA Mainers.” said Rep. Osher, presenting her bill.
Osher lamented that, out of the over 900 recovery residences across the state, only eight explicitly state that they serve LGBTQ people. Existing anti-discrimination laws require any of those recovery residences, regardless of whether they specifically single out LGBTQ individuals, to serve them regardless of their sexual orientation.
“LGBTQ+ people experience higher rates of substance use disorder than the general population,” said Osher, “This is because LGBTQ people experience systemic discrimination, trauma, and marginalization in our culture.”
“Thus far, there are no recovery houses led and governed by LGBTQ+ individuals. This is problematic because when institutions [sic] even when institutions state that they’re open to serving LGBTQ+ people, Maine’s LGBTQ+ people in recovery homes still experience discrimination against them from staff and from other residents,” she added.
The proposed legislation, LD 1328, drew nine Democratic co-sponsors, including Sen. Craig Hickman (D-Kennebec) and Rep. Nina Milliken (D-Blue Hill).
The bill would direct the Maine State Housing Authority to issue contracts to at least three taxpayer-funded LGBTQ recovery residences: one in a municipality with over 60,000 residents, one in a place with between 20,000 and 60,000 residents, and one in a smaller town with under 20,000 residents.
Though the bill specifies that the facilities will provide services to non-LGBTQ individuals, thereby avoiding running afoul of anti-discrimination laws, it does appear discriminatory in another way.
The three taxpayer-funded recovery residences must be “led and governed” by recovering drug addicts who also identify as LGBTQ, suggesting that the Maine Housing Authority will be discriminating based on sexual orientation in issuing certifications and funding.
Each of the three facilities must include a shared living and meeting place, support services tailored to each resident, and specific services specifically tailored for LGBTQ residents.
The Democratic bill also establishes a new fund within the Housing Authority that will receive funds and accept private donations. The funds will then be distributed through a competitive bidding process.
The bill does not currently have an attached fiscal note telling Mainers how much the LGBTQ recovery residences would cost.
The Maine Recovery Advocacy Project testified in favor of the bill.
“Shelters and recovery housing are often inaccessible or unsafe for queer and trans people. Misgendering, homophobia, and transphobia are not rare occurrences—they are regular barriers to recovery and survival. Peer-led, affirming housing options are not a luxury. They are life-saving,” said Kelly Cookson, speaking on behalf of the organization.
The Maine State Housing Authority, however, opposed the bill, arguing that the requirement for LGBTQ residents presents serious concerns for fair housing.
“We cannot pick a particular protected class around which to develop housing. The bill requires the management of these projects to be individuals in recovery from substance abuse disorder that identify as LGBTQIA+ and provide services for LGBTQlA+ individuals. Even though the residents are not required to identify as one of those categories, legislating such requirements for staff (who also live there) is, in our opinion, a potential Fair Housing violation,” said the Housing Authority.
