Trump administration initiates investigation into Maine's policy on transgender athletes' participation in sports
Initiating a civil rights investigation plays a crucial role in the procedure of revoking a school's federal funding.
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At the meeting, President Trump discussed his executive order that prevents transgender students from competing in women’s sports, highlighting its impact on the NCAA. Shortly thereafter, he directed his remarks at Maine Governor Janet Mills, a Democrat, after she declined to confirm compliance with his order, warning her about the implications for the state's federal funding.
The response from the Trump administration was immediate.
Within hours, the Education Department's Office for Civil Rights launched a self-initiated inquiry into the Maine Department of Education for allegedly violating Title IX, the federal law prohibiting sex-based discrimination. The OCR referenced “allegations that it continues to allow male athletes to compete in girls’ interscholastic athletics and that it has denied female athletes female-only intimate facilities, thereby violating federal antidiscrimination law.”
“Let me be clear: If Maine wants to continue to receive federal funds from the Education Department, it has to follow Title IX,” stated Craig Trainor, acting assistant secretary for civil rights. “If it wants to forgo federal funds and continue to trample the rights of its young female athletes, that, too, is its choice.”
Initiating a civil rights investigation is an important procedural step towards the potential withdrawal of a school’s federal funding. However, proving a civil rights violation is a significant challenge, and the suspension of federal education funds is a measure that has not been exercised by Washington in recent years.
A letter addressed to Maine Education Commissioner Pender Makin informed her that the OCR was opening an investigation into Maine School Administrative District No. 51 and Greely High School in Cumberland, Maine, regarding a transgender student competing in girls’ sports categories. This investigation was prompted by a social media post from Republican state Rep. Laurel Libby concerning a transgender student who had recently won a pole-vaulting state championship.
This marks the third investigation in a series targeting states with inclusive gender identity laws or policies. Earlier this month, the agency also commenced investigations of the Minnesota State High School League and the California Interscholastic Federation. Maine’s Human Rights Act prohibits discrimination based on gender identity; however, the Education Department emphasized on Friday that “state laws do not override federal antidiscrimination laws.”
Governor Mills and Maine Attorney General Aaron Frey have pledged to contest any attempts to withdraw federal funding from the state’s schools.
"If the President attempts to unilaterally deprive Maine school children of the benefit of Federal funding, my Administration and the Attorney General will take all appropriate and necessary legal action to restore that funding and the academic opportunity it provides,” Mills stated. “The State of Maine will not be intimidated by the President's threats."
Anna Muller contributed to this report for TROIB News