Maine in violation of Title IX for transgender sports policy

 March 18, 2025

A contentious debate over transgender athletes in women's sports intensifies as Maine faces federal scrutiny.

According to Fox News, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights has determined that Maine's Department of Education, Maine Principals' Association, and Greely High School violated Title IX by allowing biological males to compete in women's sports.

The investigation expanded last week to include the Maine Principals' Association and Greely High School, following an initial probe into the Maine Department of Education. The OCR's determination comes after Maine's refusal to comply with President Trump's Executive Order 14201, known as "Keeping Men out of Women's Sports," which prohibits biological males from participating in women's sports at educational institutions.

Federal funding threatened amid compliance dispute

The OCR has given Maine's institutions a 10-day window to voluntarily resolve the matter through a signed agreement. Failure to comply could result in a referral to the U.S. Department of Justice for further action.

Maine's defiance puts nearly $1 million in HHS sub-agency funding at risk, according to Maine House Republicans. The total threatened funding for K-12 schools could reach hundreds of millions of dollars.

Republican legislators have urged Democratic Governor Janet Mills to comply with the executive order to protect federal funding for educational institutions. The situation has created tension between state and federal authorities.

State representative faces censure over social media post

Maine State Representative Laurel Libby sparked controversy after posting about a Greely High School pole vaulter who competed as a biological male until June 2024 before winning a state championship in the women's category.

The post, which showed the athlete competing as both a male and female competitor, led to Libby's censure by Democratic legislators. The incident drew national attention and prompted a response from President Trump.

Acting Director of the OCR at HHS, Anthony Archeval, stated:

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. 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.

State and federal law conflict creates standoff

Governor Mills and the Maine Principals' Association argue that Trump's executive order conflicts with Maine's Human Rights law. The state currently allows athletic participation based on gender identity rather than biological sex.

Mills defended her position during a public disagreement with Trump at the White House. She stated:

No President – Republican or Democrat – can withhold federal funding authorized and appropriated by Congress and paid for by Maine taxpayers in an attempt to coerce someone into compliance with his will. It is a violation of our Constitution and of our laws, which I took an oath to uphold.

The conflict between state and federal regulations has created a complex legal situation that affects educational institutions across Maine.

Maine confronts crucial decision ahead

The HHS Office for Civil Rights has found Maine's educational institutions in violation of Title IX for allowing transgender athletes to compete in women's sports. The state faces potential loss of significant federal funding if it maintains its current stance against President Trump's executive order restricting transgender athlete participation. Maine officials must decide within 10 days whether to sign an agreement resolving the matter or risk Department of Justice intervention. The outcome will impact educational funding and set precedents for transgender athlete participation policies nationwide.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.
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