Maine defies Trump order over transgender athletes

(The Center Square) — Maine officials are pushing back on claims by the Trump administration that the state has run afoul of federal civil rights law by allowing transgender athletes to compete in women’s sports, with the clock ticking on an order to resolve the alleged violations.

On Feb. 25, the U.S. Department of Health and Human Services issued a notice of violation to Maine that it had been declared in violation of Title IX by allowing trans athletes to compete in girls’ sports. The federal agency expanded the scope of the investigation to include the Maine Principals’ Association and Greely High School.

The federal agency gave the state 10 days to comply with the order or face possible prosecution by the U.S. Department of Justice.

However, the Maine Principals Association is disputing the allegation and argues that the state is on the right side of the law by allowing transgender athletes to compete in women’s sports.

“The alleged violation is due to MPA’s policy which is a direct result of the Maine Human Rights Acts mandate that athletes be allowed to participate on the teams which align with their gender identity,” the association said in a statement. “MPA’s policy is consistent with Maine State Law.”

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The MPA also argued that because the association is not exclusively funded through Title IX, HHS doesn’t have jurisdiction over its policies, which are backed by state law.

“In short, a small portion of our funding comes from 151 member schools who receive the majority of their funding from local property taxes and the state,” the MPA’s statement said. “The vast majority of our funding comes from ticket sales, sponsorships, streaming, television and other contracts.”

The state has become a focal point in the national debate over transgender athletes in female sports since a confrontation between Democratic Gov. Janet Mills and President Donald Trump, who 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. Attorney General Pam Bondi has threatened to sue the state to enforce Trump’s order.

State Rep. Laurel Libby, an Auburn Republican, was censured by the Democratic-controlled Maine Legislature after she posted photos of a biological male who won a girl’s pole vault competition for Greely High earlier this year to call attention to the issue. Libby, who has been stripped of her legislative voting rights, has filed a federal lawsuit challenging the censure vote.

In its statement, the MPA said it expects state lawmakers will take up the issue to “determine the future of its policy” on allowing transgender athletes to compete in women’s games.

“We urge all parties to this issue to air their questions, concerns, thoughts or opinions where they belong; in respectful debate in public hearings on the bills addressing this issue,” the group said.

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