Maine Referred to DOJ for Allowing Transgender Athletes in Girls’ Sports

‘We agree that we are at an impasse,’ said the state’s attorney general in a letter to the Trump administration. Federal education dollars are at stake.
Maine Referred to DOJ for Allowing Transgender Athletes in Girls’ Sports
The Department of Education in Washington on July 16, 2019. Samira Bouaou/The Epoch Times
Aaron Gifford
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The Department of Education has referred Maine to the Department of Justice after the state refused to end the participation of boys identifying as transgender in girls’ sports, federal officials announced April 11, the deadline to comply.

Craig Trainor, the Department of Education’s acting assistant secretary for its Office for Civil Rights, said in a statement emailed to The Epoch Times that Maine ignored two warning letters. The investigation into the state’s potential Title IX law violations is now being handled by the Department of Justice.

The Department of Education will also start administrative proceedings to determine the withholding of federal education funding from schools in the Pine Tree State.

“The Department has given Maine every opportunity to come into compliance with Title IX, but the state’s leaders have stubbornly refused to do so, choosing instead to prioritize an extremist ideological agenda over their students’ safety, privacy, and dignity,” Trainor’s statement said.

“The Maine Department of Education will now have to defend its discriminatory practices before a department administrative law judge and in a federal court against the Justice Department.”

Trainor’s statement referenced a heated exchange between President Donald Trump and Gov. Janet Mills in February during a governors’ workshop in Washington. Mills told Trump that she would see him in court after the president warned her to stop allowing men in women’s sports.

“Gov. Mills would have done well to adhere to the wisdom embedded in the old idiom—be careful what you wish for. Now she will see the Trump administration in court,” Trainor’s statement said.

The Epoch Times contacted Mills, the Maine Department of Education, and the Maine Principals’ Association, which oversees scholastic sports. None responded.

Attorney General Aaron Frey said in a April 11 letter to the Trump administration that he is not considering the conditions noted in the Department of Education’s correspondence with his state’s education officials.

“We will not sign the resolution agreement, and we do not have revisions to counter-propose. We agree that we are at an impasse,” he wrote.

“Nothing in Title IX or its implementing regulations prohibit schools from allowing transgender girls to participate on girls and women’s sports teams. Your letters to date do not cite a single case that so holds.”

The dates or locations for the planned court and administrative proceedings were not disclosed.

Maine state Assemblywoman Laurel Libby, who has publicly opposed the participation of transgender-identifying boys in girls’ sports, posted Frey’s letter on her Facebook page. She wrote in the post that the letter means “Maine will not comply with Title IX, and will continue to discriminate against Maine women and girls.”

Current Maine laws allow boys identifying as transgender to compete on girls’ teams, and local school officials maintain they will follow those laws until a state agency directs them otherwise.

Trump’s executive order prohibiting males from competing on women’s teams at any scholastic level noted that offenders risk losing federal funding. The National Collegiate Athletic Association immediately complied by updating its guidelines.

A transgender-identifying boy on the Greely High School team won the state pole vaulting title in February, a year after finishing in 10th place in the boys’ competition. That win also provided just enough points for Greely to win the team title.

In addition, a transgender athlete at the Maine Coast Waldorf School won a regional conference girls’ cross-country championship in the fall.

Neither school has listed spring rosters on their websites yet, so it’s unclear if either athlete is participating on a team for the current season.

State legislators previously sanctioned Libby for posting the Greely student’s identity on her Facebook page.

On April 11, the lawmaker posted that Maine schools stand to lose hundreds of millions of dollars and “fairness for girls.”

Aaron Gifford
Aaron Gifford
Author
Aaron Gifford has written for several daily newspapers, magazines, and specialty publications and also served as a federal background investigator and Medicare fraud analyst. He graduated from the University at Buffalo and is based in Upstate New York.