Maine GOP urges Dems to repeal transgender athlete policy following federal Title IX violation finding

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Republican state lawmakers in Maine are urging Democrats to repeal the state's policy allowing transgender women to compete in women's sports, warning that failure to act could jeopardize hundreds of millions in public education funding.

The pleading comes after a spokesperson for Maine's attorney general confirmed Thursday that the Trump administration had formally issued a "Notice of Violation against the Maine Department of Education" for violating Title IX federal law, which is meant to protect the rights of women. 

The "official" notice follows an investigation launched by the Health and Human Services Department's (HHS) Office of Civil Rights, which had been probing the Maine Department of Education (MDOE) for several weeks. The probe stemmed from reports that transgender women were continuing to compete in women's sports in the Pine Tree State, despite an executive order from President Donald Trump mandating the practice end nationwide. 

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The strength of Trump's executive order lies in its power to withhold federal education funding from states that do not comply with his directive. Such an action to slash federal education funds in Maine - as is expected to happen unless something changes - would amount to a potential loss for MDOE of more than $700,000 annually from HHS agencies alone, based on 2024 funding numbers provided in HHS's notice of violation. In total this school year, the U.S. Department of Education provided roughly $250 million strictly to K-12 schools in Maine, according to recent numbers obtained by the Portland Press Herald. 

"If Maine Democrats continue to double down on allowing biological males to participate in girls' sports, our students stand to lose hundreds of millions of dollars of federal funding. Gov. [Janet] Mills and legislative Democrats have a renewed opportunity to do the right thing, to ensure restored funding and a fair and level playing field for Maine girls," said state Rep. Laurel Libby, R-Bangor. 

"Enough is enough, it is time to put away radical ideology and put the future of our kids first," added Assistant House Minority Leader Katrina Smith, R-Palermo. "The Mills administration's policy of allowing biological boys in girls' sports has physically and mentally mistreated our young ladies and now this same policy will harm every child and teacher with the loss of federal funds to our schools."

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In addition to the remarks from Libby and Smith, the broader coalition of Maine House Republicans put out a "public call to action" for Mills' administration to reverse its current policies allowing sports eligibility to be determined by one's self-stated gender-identity. 

Mills told Trump to his face during a meeting with governors at the White House last month that she had no intention of following his order aiming to rid female sports of transgender competitors. Mills told Trump during the meeting, which was broadcast live, that she would "see [him] in court."

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Based on an analysis by Sarah Perry, a civil rights attorney who has extensive experience litigating Title IX issues, Maine would be successful in court on this matter as Mills might hope.

"Maine entered into a contract with the Department of Education, promising to follow that federal civil rights law. [Mills'] reliance on contrary state law will prove fatal to any continued recalcitrance," Perry wrote on social media. 

She added in an interview last month with Fox News Digital that in addition to federal law, Maine is also flouting directives from the Department of Education and previously established precedent from a slew of cases that overturned former President Joe Biden's Title IX regulations allowing athletic eligibility to be determined by one's preferred gender identity.

Fox News Digital reached out to Mills and Maine Attorney General Aaron Frey for comment on these calls from Republicans but did not receive a response by publication time.