Dunlap responded with a suggestion that constitutional protection could eventually be necessary.
“We may have enshrine it in the constitution, in the end of the day.”
The comment places Dunlap squarely in a national debate over whether abortion protections should be codified at the federal level following the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization.
In Dobbs, the Supreme Court overturned Roe v. Wade and returned authority over abortion regulation to elected lawmakers at the state level. Dunlap argued during the town hall that the decision had opened the door to restrictions on medical services he considers necessary.
“We have the Dobbs decision which has given states to restrict free rein to these types of very necessary… these are healthcare services,” Dunlap continued.
He then argued that decisions involving abortion should ultimately remain between the individuals involved and their doctors.
“And, ya know, there are just too many lessons, too many circumstances, that I think these are decisions that ultimately can only be made by the women involved. By, you know, a woman, her physicians, what the best course of action is. Otherwise, we are prescribing disaster.”
Dunlap’s comments also put renewed attention on his position regarding transgender medical policies, an issue that has become increasingly prominent in congressional and state-level political debates.
The candidate has previously characterized disputes surrounding gender-affirming medical treatment as a distraction from other campaign issues. During the current race, his Republican opponent Paul LePage has promoted policies concerning the separation of school sports, locker rooms and bathrooms according to biological sex. Dunlap’s campaign has pushed back against that approach, arguing that the issue distracts from matters such as healthcare costs and the cost of living.
The distinction between different forms of gender-affirming treatment is significant, however. Maine law currently addresses gender-affirming hormone therapy for certain minors. Under a 2023 statute, a minor who is at least 16 years old may, under specified conditions, consent to such treatment without parental or guardian consent. The law requires several conditions, including a diagnosis of gender dysphoria, a determination by a healthcare professional concerning potential harm without treatment, informed written consent and counseling regarding alternatives and potential consequences.
The statute concerns hormone therapy and does not itself establish a constitutional right to gender-affirming treatment. It also does not mean that all forms of gender-affirming medical care are available to minors without parental involvement.
Dunlap has not publicly laid out a detailed congressional platform addressing every aspect of transgender medical policy, including puberty blockers, cross-sex hormones or surgical procedures involving minors. His September 22 comments, however, have intensified questions about how broadly he would interpret federal protections for gender-affirming care.
That question could become especially relevant if Congress considers legislation dealing with abortion, transgender healthcare or federal protections for medical providers and patients.
Dunlap is campaigning in a district that has drawn significant national attention. Roll Call described the race as a difficult contest for Democrats, while Maine Public reported that the Democratic Congressional Campaign Committee ultimately added Dunlap to its red-to-blue program and began providing the campaign with additional resources.
The race is also notable because Dunlap is attempting to hold a seat previously represented by Golden, a Democrat who developed a reputation for taking positions that sometimes diverged from the national Democratic Party.
As voters weigh the candidates heading into November, Dunlap’s remarks provide another indication of where he stands on two politically consequential issues: abortion following Dobbs and federal protections for gender-affirming healthcare.
Whether voters in Maine’s 2nd District view those issues as central to the race remains to be determined. But Dunlap’s statement that such protections might need to be enshrined in the Constitution ensures that the subject will likely remain part of the campaign debate.
For now, the candidate’s own words are drawing attention well beyond the virtual town hall where they were delivered.
