The Justice Department is suing Maine for allowing transgender student athletes to play in girls' and women's school sports — a policy that the administration says disregards President Trump's executive order aiming to ban that access.
It's the latest development in an ongoing fight over the issue between the state's leaders and the administration following Trump's February order, which calls on the federal government "to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities."
Attorney General Pam Bondi announced the lawsuit Wednesday and said the state's actions had violated Title IX, the 1972 law that prohibits sex-based discrimination at schools that receive federal funding. Maine has done so, the Justice Department alleges, by "discriminating against women by failing to protect women in women's sports."
"By prioritizing gender identity over biological reality, Maine's policies deprive girl athletes of fair competition, deny them equal athletic opportunities, and expose them to heightened risks of physical injury and psychological harm," the lawsuit said.
Bondi announced the lawsuit at the Justice Department, where she appeared alongside Riley Gaines, the former University of Kentucky swimmer who has emerged as a vocal critic of transgender athletes in girls' and women's sports.
The suit highlights multiple examples where transgender students participated in girls' sports in Maine and outperformed their competitors. The lawsuit described an instance where an individual, referred to as "Student B," placed first in a girls' cross-country race, and pointed out that the same score would have ranked 43rd in the boys' division.
It is unclear how many transgender students are currently participating in school athletics in Maine. The Maine Principals' Association, MPA, which governs the state's athletics, has said there are just two transgender athletes involved in girls' high school sports this year. The DOJ's suit refers to at least three transgender athletes.
Maine's Democratic Gov. Janet Mills responded to the legal challenge by promising to "vigorously defend" the state against the DOJ's effort.
"Today is the latest, expected salvo in an unprecedented campaign to pressure the State of Maine to ignore the Constitution and abandon the rule of law," Mills said in a statement. "This matter has never been about school sports or the protection of women and girls, as has been claimed, it is about states rights and defending the rule of law against a federal government bent on imposing its will, instead of upholding the law."
Just days after Trump signed his executive order, the MPA announced that it would continue to follow state law over the federal order.
"The executive order and our Maine state Human Rights Act are in conflict," said MPA executive director Mike Burnham, adding that the organization "will continue to follow state law as it pertains to gender identity."
Weeks later, Mills defended the decision during an exchange with Trump at the White House, where the president threatened to take away the state's federal funding if it didn't comply with the order. In response, Mills said, "See you in court."
Since then, the administration has made multiple attempts to cut federal funding to Maine. The Department of Education has said it is moving to halt the state's federal funding for K-12 education. The Department of Agriculture has also sought to freeze funds, but a federal judge has temporarily blocked that action.
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