Trump administration to refer Maine to Justice Department over transgender participation in sports

The deadline has arrived for Maine officials to reach a resolution with the U.S. Education Department over a finding that the state violated antidiscrimination laws by allowing transgender athletes to participate in girls’ sports.

The Education Department said in March that an investigation concluded the Maine Department of Education violated the federal Title IX law by allowing transgender girls to participate on girls’ teams. The investigation followed a public disagreement between Democratic Maine Gov. Janet Mills and President Donald Trump at a February meeting of governors.

The U.S. Education Department’s Office for Civil Rights issued a final warning on March 31 telling the state it needed to comply with the law in 10 business days or face enforcement from the U.S. Justice Department. That deadline arrived Friday.

Maine education officials have declined to comment on the investigation. Trump has said the state risks losing federal funding if it does not come into compliance.

“The Maine Department of Education’s indifference to its past, current, and future female athletes is astonishing. By refusing to comply with Title IX, MDOE allows — indeed, encourages — male competitors to threaten the safety of female athletes, wrongfully obtain girls’ hard-earned accolades, and deny females equal opportunity in educational activities to which they are guaranteed under Title IX,” said Craig Trainor, acting assistant secretary for the Education Department’s Office for Civil Rights.

Federal funding is critical to Maine schools. Maine got $358 million in federal funding for K-12 schools in 2021-22, or 10% of its budget, according to data from the Census. About 13% of that money went to Title I, 14% to special education and 20% to child nutrition programs such as school lunches.

Almost half of federal funds were simply marked as “other,” which likely points to the substantial COVID relief funds schools got that year. Prior to the pandemic, Maine got 6% of its funding from federal sources, almost $185 million in 2018-19.

The issue of school funding and transgender participation in sports in Maine began to bubble up when Mills and Trump sparred over the subject during the February meeting at the White House. During the meeting, Trump threatened to pull federal funding from Maine if the state did not comply with his executive order barring transgender athletes from sports.

Mills responded: “We’ll see you in court.”

Soon after, the Education Department and the U.S. Department of Health and Human Services launched investigations into the state.

Health and Human Services officials said in March that the Maine Department of Education, Maine Principals’ Association and a high school are each in violation of Title IX because of the participation of transgender athletes. The Health Department has already referred the issue to the Justice Department for enforcement in court.

The principals’ association and school district both said they would not comply with a proposed agreement to ban the athletes. The Maine education department declined to comment.

Maine Republicans, who are in the minority in both houses of the Legislature, have put pressure on state Democrats to resolve the investigations. House Republican Leader Billy Bob Faulkingham, speaking during a news conference, said Mills has created a “hostage situation” that jeopardizes federal funding.

“The governor, and her administration, is holding Maine schools and Maine education under hostage,” Faulkingham said. “This standoff is not going to end well for the state of Maine and its education funding.”

LGBTQ+ rights groups in Maine have defended the state’s approach. “We’re not giving in, and we’re not giving up on our trans community,” EqualityMaine said in a social media post.

Federal authorities have also said they are investigating Maine due to claims school districts in the state violate federal law by withholding information about students’ gender transitioning from parents.

___

Associated Press writer Sharon Lurye in New Orleans contributed to this report.