Title IX Case Against Maine Schools Headed to U.S. Department of Justice
Republican lawmakers are calling on the state to repeal protections for transgender people in the Maine Human Rights Act.
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The conflict between the state of Maine and the Trump administration over transgender student athletes reached a new pivot point on Monday. As the first of several deadlines set by the federal government has now expired, whether Maine can continue to allow trans athletes to participate in school sports appears likely to be decided by the courts.
Two separate federal agencies determined that Maine is in violation of Title IX based on the Trump administration鈥檚 interpretation of the anti-sex discrimination protection.
The U.S. Department of Education鈥檚 Office for Civil Rights issued a final warning Monday to the Maine Department of Education regarding its directive for allowing trans girls to participate in girls鈥 sports.
If the state does not propose an agreement that鈥檚 acceptable to the office by April 11, the case will be referred to the Department of Justice, the letter said.
Meanwhile, a by the U.S. Department of Health and Human Services鈥 civil rights office that found Maine in violation of Title IX for 鈥渃ontinuing to unlawfully allow鈥 trans girls to compete in girl鈥檚 sports has been referred to the U.S. Department of Justice, according to a Monday from the agency.
In a letter dated March 17, HHS had given Maine a deadline of 10 days to comply with federal guidance. Monday marked ten business days from that warning.
Both agencies determined that Maine had violated federal law after dayslong investigations that included no interviews, while typical investigations take months and are eventually settled with resolution agreements. The probes were launched after Gov. Janet Mills and President Donald Trump had a over the state鈥檚 trans athlete policy. Millions of dollars in federal funding might be at risk, depending on how the cases proceed.
鈥淲e just need an answer at this point as to, 鈥楧oes the Trump administration have the authority to do what it鈥檚 doing when it comes to fast tracking the removal of federal funds?鈥欌 said Jackie Wernz, a former OCR lawyer for the Education Department who now represents school districts nationwide in these types of cases.
鈥淭his is just unprecedented, and we鈥檙e not following the process that we鈥檙e used to. So I think it鈥檚 going to be really helpful for courts to start weighing in on whether or not they have the authority to do this.鈥
Meanwhile, Republican state lawmakers said in a news conference on Tuesday that they want the state to repeal trans students鈥 rights to athletics, locker rooms and bathrooms, and to roll back inclusion of gender as a protected class in the Maine Human Rights Act.
鈥淭he problem is that the term gender identity and the Human Rights Act is being interpreted way too broadly by the left,鈥 said Senate Minority Leader Trey Stewart (R-Aroostook). 鈥淎nd what it鈥檚 saying is there鈥檚 no boundary between men鈥檚 and women鈥檚 spaces.鈥
Rep. Michael Soboleski (R- Phillips) said he is introducing a bill to remove consideration of gender identity from the act, and asked Democrats and Mills to support the legislation in order to avoid the risk of losing federal funding.
Earlier this year, Iowa became the first state in the nation to remove civil rights from a state law when its Legislature from its civil rights act.
鈥淭his is not sustainable,鈥 Stewart said. 鈥淲e鈥檙e a poor state. We are heavily reliant on federal money. The governor needs to move on this.鈥
On March 19, the Department of Education鈥檚 civil rights office Maine of its noncompliance and proposed a resolution agreement that would require the state to rescind its support of trans athletes, which is currently required by the Maine Human Rights Act. A Cumberland-area school district and the Maine Principals Association, which runs student athletics, that were have already refused to sign the agreement.
This development is part of a broader effort by the Trump administration to enforce Title IX provisions concerning gender and athletics. Earlier this year, the administration launched investigations in several other states for similar policies allowing trans athletes to compete in alignment with their gender identity.
Title IX, the federal law banning sex-based discrimination, does not reference trans people directly, but the Trump administration has interpreted Maine鈥檚 policy as discrimination against cisgender girls.
Rachel Perera, a fellow in the governance studies program for the Brown Center on Education Policy at national think tank The Brookings Institution, said the Trump administration鈥檚 interpretation of Title IX leaves room for questioning. If the policy goes to trial, she said federal courts may come up with a clearer interpretation.
鈥淚t鈥檚 going to be really important to see how Maine proceeds, because they鈥檙e sort of setting the tone in terms of these other states and other localities who are going to be trying to navigate these very same dynamics,鈥 she said.
is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Maine Morning Star maintains editorial independence. Contact Editor Lauren McCauley for questions: [email protected].
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