Maine Athletics Body Faces Scrutiny Over Title IX Stance Amid Transgender Athlete Debate

The Maine Principals Association (MPA), the governing body for high school athletics in Maine, is facing intense criticism and legal challenges over its stance on Title IX compliance in relation to transgender athletes’ participation in sports. The MPA claims it is not subject to Title IX regulations because it does not directly receive federal funding, a position legal experts are calling weak and unsustainable.

This controversy erupted after the Department of Health and Human Services (HHS) determined that the Maine Department of Education, the MPA, and Greely High School in Cumberland violated Title IX by allowing biological males to compete in women’s sports. Title IX is a federal law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance.

In its formal response to the HHS finding, the MPA asserted that it cannot be investigated for Title IX violations because it does not receive federal funds, either directly or indirectly. This argument has been met with strong opposition from legal scholars and advocacy groups.

Sarah Perry, a senior legal fellow with the Heritage Foundation, an organization that often advances conservative public policies, argues that the MPA’s claim is a flimsy attempt to circumvent Title IX regulations. Perry draws a parallel to the NCAA, which has been found liable under Title IX because it manages billions in sports revenue in its role overseeing schools that receive direct federal funding. Perry emphasizes that the NCAA serves as a secondary recipient of federal funding because all of its member schools are recipients of federal funding, a basis on which the NCAA faced lawsuits.

Kristen Waggoner, president and general counsel of Alliance Defending Freedom, a conservative Christian legal advocacy group, echoes Perry’s sentiment, calling the MPA’s argument "weak." Waggoner contends that courts have consistently held that sports associations must comply with Title IX, even if they do not directly receive federal dollars. She further explains that if an association has "controlling authority" over entities that receive federal funds, courts have concluded that Title IX still binds the association. In Maine’s case, the MPA exerts significant control over sports in the state, as schools have delegated authority to it.

The debate is not merely a legal one; it touches on fundamental questions of fairness, safety, and equal opportunity for female athletes. The MPA, however, maintains that the issue of transgender athletes’ participation in sports is a "policy question" that should be decided by the Maine legislature and Congress. The association claims its intention is to follow the law, and its legal counsel has advised it to adhere to Maine’s Human Rights law, which requires athletic participation be determined by one’s preferred gender identity.

Maine’s Governor Janet Mills, a Democrat, supports the argument that officials should follow state law in determining athletic eligibility for transgender athletes. She has directly challenged President Trump over his efforts to keep males and females separate in sports, indicating a potential legal battle.

Perry anticipates future litigation will be necessary to resolve the issue completely. She believes that until the Supreme Court clarifies that Title IX terminology on sex means only male and female, states will continue to find ways to prevent the federal government from stripping funds.

The situation in Maine mirrors similar conflicts in other states with Democratic leadership, such as Minnesota and Michigan, where efforts are being made to protect federal funding while promoting gender identity-based policies.

White House spokesperson Anna Kelly criticized the MPA for asserting "it has the legal power to discriminate against biological women" rather than "simply protect women’s sports." The Trump administration, she stated, is committed to upholding common sense and rejecting "gender insanity."

State Representative Laurel Libby, a Republican, echoed Kelly’s sentiment, blasting Maine’s leaders for passing the buck instead of taking responsibility for allowing biological males to compete in girls’ sports. She urged the MPA to prioritize fairness, safety, and equal opportunity for Maine’s female athletes, arguing that every girl in Maine deserves a level playing field.

The controversy in Maine highlights the complexities and tensions surrounding transgender athletes’ participation in sports, pitting federal law against state law and raising fundamental questions about fairness, inclusion, and the definition of "sex" in the context of Title IX. The outcome of this legal and political battle could have significant implications for the future of sports and the rights of transgender athletes across the country. It also puts in the spotlight the ability of governing bodies to claim exemption from federal regulations by virtue of their financial structure, an idea that could be tested and retested as various ideological conflicts work their way through the courts. The issue of whether control over entities that receive federal funds is sufficient to bring an organization under Title IX’s purview will be a pivotal point in this ongoing debate.