As the state of Maine continues to defy federal civil rights law and allow men to compete in women’s sports, an initial investigation by the Education Department has been referred to the U.S. Department of Justice for “further enforcement action.”
The Justice Department taking over the investigation is an escalation in the fight between the federal government, which is trying to force Maine to comply with Title IX civil rights law to protect women and girls in sports, and Democrat Gov. Janet Mills, who wants to continue the practice.
“The Department has given Maine every opportunity to come into compliance with Title IX, but the state’s leaders have stubbornly refused to do so, choosing instead to prioritize an extremist ideological agenda over their students’ safety, privacy, and dignity,” Acting Assistant Secretary for Civil Rights Craig Trainor said in a press release. “The Maine Department of Education will now have to defend its discriminatory practices before a Department administrative law judge and in a federal court against the Justice Department. Governor Mills would have done well to adhere to the wisdom embedded in the old idiom — be careful what you wish for. Now she will see the Trump Administration in court.”
Meanwhile, the U.S. Department of Education is continuing with its plan to terminate federal education funds to the Maine Department of Education (MDOE).
The referral to the Justice Department comes after an investigation finding Maine in violation of Title IX, the state refusing to sign a resolution agreement with the federal government which requires various concessions like blocking men from competing against women, and having a “final warning” issued telling the state to comply or have the issue raised to the Justice Department.
Maine claims, however, that Title IX — which was expressly created to protect women and girls in sports and education — actually does allow their safety and opportunities to be stripped by males.
“Nothing in Title IX or its implementing regulations prohibits schools from allowing transgender girls and women to participate on girls’ and women’s sports teams,” Sarah Forster, the state’s assistant attorney general, said according to ABC News. “Your letters to date do not cite a single case that so holds. To the contrary, various federal courts have held that Title IX and/or the Equal Protection Clause require schools to allow such participation.”
While the Biden administration’s Title IX regulations would have allowed what Forster is describing, they were summarily rejected by a federal court for doing the exact thing Maine claims is permitted: Change the definition of sex to claim “transgender girls” (aka boys) are really female and belong on girls’ sports teams.
“Correction: ED referred Maine to DOJ over MALE ATHLETES not over ‘transgender athletes’ (whatever that may mean),” Candice Jackson, deputy general counsel of the Department of Education, said in response to a news headline. “It’s almost as if the media is helping gender activists limp along on this 80/20 losing issue by using obfuscatory language to hamper public awareness of plain facts.”
Maine has been under investigation and found in violation of Title IX from multiple different federal agencies. While the U.S. Department of Agriculture (USDA) froze federal funding for certain programs over the matter, Maine federal district Judge John Woodstock, a George W. Bush appointee, ordered Friday that USDA unfreeze the funding.
Breccan F. Thies is a correspondent for The Federalist. He previously covered education and culture issues for the Washington Examiner and Breitbart News. He holds a degree from the University of Virginia and is a 2022 Claremont Institute Publius Fellow. You can follow him on X: @BreccanFThies.
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