Maine Sues USDA Over Funds Frozen for Allowing Male Athletes in Female Sports

The loss of funds will keep schoolchildren from being fed, the suit says. The USDA chief says the funding pause ‘does not impact federal feeding programs.’

Gov. Janet Mills delivers her State of the State address in Augusta, Maine, on Jan. 30, 2024. Robert F. Bukaty/AP Photo

Maine is suing the U.S. Department of Agriculture (USDA) over the agency’s decision to block federal funds because the state allows male athletes to compete in female sports, which the department says violates anti-discrimination rules.

On April 2, Secretary of Agriculture Brooke Rollins sent a letter to Maine Gov. Janet Mills saying she has paused federal funds for certain educational programs in the state, citing the violation of Title IX laws. Specifically, Maine was accused of failing to protect female student athletes from having to compete against or having to appear unclothed before males.

On April 7, Maine filed a lawsuit in U.S. District Court against the USDA and Rollins, accusing them of committing a “blatantly unlawful action” by freezing federal funds allocated to Maine “to feed schoolchildren.”

“The secretary took this action without following any of the statutory and regulatory requirements that must be complied with when terminating federal funds based on alleged violations of Title IX,” the complaint said.

In her letter, Rollins said the funding pause “does not impact federal feeding programs or direct assistance to Mainers; if a child was fed today, they will be fed tomorrow.”

Title IX prohibits discrimination on the basis of sex in any education program or activity receiving funds from the federal government.

The complaint said that freezing funds would make it difficult for the state to compensate certain employees and pay for equipment associated with school meal programs.

“Without staff and equipment, there will be no way for CNP [Child Nutrition Program] staff to collect, approve, and process claims for reimbursement from schools and other facilities providing meals to children and vulnerable adults. There will thus be no way to get funds from the USDA to schools and other facilities, and children will not be fed,” the lawsuit said.

Maine argued that the Agriculture secretary’s interpretation of Title IX is wrong.

“Several federal courts have held that Title IX and the Equal Protection Clause require schools to permit transgender girls and women to play on girls’ and women’s teams,” said the argument.

The lawsuit further asked the court to vacate the secretary’s action and issue a temporary restraining order as well as a permanent injunction prohibiting Rollins and the department from freezing federal funds for alleged Title IX violations.

In the letter to the Maine governor, Rollins said that the “defiance of federal law has cost your state, which is bound by Title IX in educational programming.”

If Maine is to continue receiving USDA funds, it must demonstrate compliance with Title IX protection of female athletes, the letter said.

USDA has also initiated a review of grants awarded to the Maine Department of Education (MDOE) by the Biden administration, many of which “appear to be wasteful, redundant, or otherwise against the priorities of the Trump administration.”

Investigating Maine

In February, the Department of Health and Human Services’ Office for Civil Rights initiated an investigation into the MDOE for potential violation of Title IX. In March, the office concluded that MDOE had breached the regulations.

The investigation came after President Donald Trump signed a presidential action on Feb. 5 opposing “male competitive participation in women’s sports” and rescinding “all funds from educational programs that deprive women and girls of fair athletic opportunities.”

Allowing men to compete against women at sporting events is “demeaning, unfair, and dangerous to women and girls, and denies women and girls the equal opportunity to participate and excel in competitive sports,” it said.

On Feb. 21, Trump and Mills, a Democrat, clashed over the issue at a White House event. After Trump accused Mills of allowing her state to violate an executive order prohibiting males from competing as females, Mills responded: “We’re going to follow the law, sir. See you in court.”

Meanwhile, the Department of Education and the Department of Justice (DOJ) last week announced the formation of the Title IX Special Investigations Team amid a “staggering volume of Title IX complaints.”

The team of DOJ and Education Department investigators will apply a “rapid resolution” process to deal with the rising number of cases.

“Today’s establishment of the Title IX SIT will benefit women and girls across this nation who have been subjected to discrimination and indignity in their educational activities,” said Secretary of Education Linda McMahon.

“To all the entities that continue to allow men to compete in women’s sports and use women’s intimate facilities: There’s a new sheriff in town. We will not allow you to get away with denying women’s civil rights any longer.”