Maine Officially Charged with Federal Title IX Violation Over Trans Student-Athlete Participation

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Following several weeks of national attention for its decision to go against President Trump’s executive order barring transgender student-athletes from competition, Maine has officially been charged with a Title IX violation by the U.S. Department of Health and Human Services.

According to the Portland Press Herald, the federal department began a Title IX investigation on Feb. 21, and it wrote a letter, dated Feb. 25, declaring that the Maine Department of Education, “violates the landmark equal opportunity law by allowing transgender athletes to compete in girls’ and women’s athletic events." 

The DHHS letter stated, “The provision of additional opportunities for individuals who assert a ‘gender identity’ different from their sex (assigned at birth), constitutes discrimination on the basis of gender identity, against students who identify as their sex.”

Related: Maine School at Center of Transgender Debate Increases Campus Security

Maine’s governor Janet Mills said in a written statement, “I imagine that the outcome of this politically directed investigation is all but predetermined.”

“My administration will begin work with the attorney general to defend the interests of Maine people in the court of law,” she continued. “But do not be misled: this is not just about who can compete on the athletic field, this is about whether a president can force compliance with his will, without regard for the rule of law that governs our nation. I believe he cannot." 

Related: Maine Legislator Receives Pushback After Posting Pictures of Trans Student-Athlete to Facebook

Since receiving the DDHS letter, lawmakers in Maine have voiced their desire for governor Mills to reverse the state’s transgender athlete policy, as the state now faces a potential federal lawsuit.

Cumberland-North Yarmouth is the school district at the center of the controversy. A transgender student-athlete won the girls state pole vault championships, and a photo of the student was posted by state rep. Laurel Libby gained national attention.

The current state of a potential lawsuit remains unclear as the White House press secretary Karoline Leavitt told reporters, “the Department of Education has sued the state of Maine and, as you know, there’s ongoing litigation.” However, Maine state officials told the Portland Press Herald that there is no current lawsuit. 

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