HHS finds Maine in violation of Title IX over transgender athletic policies

(The Center Square) — The Trump administration announced on Monday that the Maine Department of Education, the Maine Principals’ Association and Greely High School are all in violation of Title IX for allowing transgender athletes to compete in women’s sports.

The determination by the U.S. Department of Health and Human Services Office for Civil Rights stemmed from an investigation into allegations that Maine’s educational system was defying President Donald Trump’s executive order stating biological males are not allowed to compete in women’s sports in educational and athletic institutions.

“The Maine Department of Education may not shirk its obligations under Federal law by ceding control of its extracurricular activities, programs, and services to the Maine Principals’ Association,” Anthony Archeval, acting director of the HHS’ Office for Civil Rights, said in a statement on Monday.

The office gave the three entities an opportunity to “voluntarily commit within 10 days to resolve the matter through a signed agreement or risk referral to the U.S. Department of Justice for appropriate action.”

“We hope the Maine Department of Education, the Maine Principals’ Association, and Greely High School will work with us to come to an agreement that restores fairness in women’s sports,” Archeval said.

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The notice of violation comes after the federal agency last week expanded its investigation of Maine’s Department of Education following allegations that it was violating Title IX, a 1972 civil rights law that prohibits sex-based discrimination in schools that receive federal funding.

Trump has vowed to withhold federal funding from any states that fail to comply with his executive order banning transgender athletes in girls’ and women’s sports. He clashed publicly with Gov. Janet Mills during a meeting of governors last month over her refusal to comply with his order. Mills has vowed to fight Trump’s efforts in court.

In February, the U.S. Department of Agriculture announced on Feb. 23 that it was conducting a “compliance review” of the University of Maine System over alleged Title IX violations on its campuses.

Last week, HHS referred the case against Maine’s DOE to the U.S. Department of Justice with a recommendation that “appropriate proceedings be brought to enforce any rights” under federal law. Attorney General Pam Bondi has also cautioned the state that she is prepared to sue to enforce Trump’s order.

Maine Republicans, who criticized the state’s Democratic leaders for defying Trump’s executive order, welcomed the HHS’ latest determination that the state is violating the Title IX law.

“Governor Mills, the Maine Principals’ Association and Greely High School are discriminating against Maine girls on the basis of sex by allowing biological boys to diminish their athletic experiences and invade their private spaces,” House Republican Leader Billy Bob Faulkingham said in a statement. “They need to abandon this ignorant, indefensible position and uphold Title IX protections for our girls.”

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