Dive Brief:
- The U.S. Department of Education’s Office for Civil Rights has launched a Title IX investigation into the Maine Department of Education over allegations that the state is violating federal antidiscrimination law by allowing transgender girls to compete in sports and use facilities aligning with their gender identity.
- The investigation was launched following a dispute between President Donald Trump and Maine Gov. Janet Mills during a Friday meeting with governors at the White House. Mills told Trump, “We’ll see you in court,” after Trump told her that Maine would lose federal funding if the state doesn’t comply with a Feb. 5 executive order restricting transgender girls and women’s participation in sports.
- A federal judge issued a preliminary injunction on Friday temporarily blocking portions of separate Trump executive orders to end federal support of diversity, equity and inclusion programs, and it’s likely the order on transgender athletic participation could face a similar fate, said Brett Sokolow, chair of the boards for both the Association of Title IX Administrators and TNG Consulting.
Dive Insight:
The Title IX investigation into the Maine Department of Education signals it’s likely the state is just the first to face this kind of federal probe by the Trump administration, Mills said in a Friday statement.
“I imagine that the outcome of this politically directed investigation is all but predetermined,” Mills said. “My Administration will begin work with the Attorney General to defend the interests of Maine people in the court of law. But do not be misled: this is not just about who can compete on the athletic field, this is about whether a President can force compliance with his will, without regard for the rule of law that governs our nation. I believe he cannot.”
Maine has enacted a Human Rights Act that includes prohibiting discrimination in education settings based on a person’s gender identity. The U.S. Department of Education, however, said in its announcement of the Title IX investigation that “state laws do not override federal antidiscrimination laws.”
“Maine would have you believe that it has no choice in how it treats women and girls in athletics — that is, that it must follow its state laws and allow male athletes to compete against women and girls,” said Craig Trainor, acting assistant secretary for civil rights, in a statement. “Let me be clear: If Maine wants to continue to receive federal funds from the Education Department, it has to follow Title IX. If it wants to forgo federal funds and continue to trample the rights of its young female athletes, that, too, is its choice.”
The U.S. Department of Education is also investigating Maine School Administrative District #51 based on reports that one of its high schools “is continuing to allow at least one male student to compete in girls’ categories.” Shortly after Trump signed the executive order targeting transgender student athletes, the Education Department also opened Title IX probes into two universities and a middle and high school athletics association for allowing transgender girls and women to participate on teams corresponding with their gender identity.
It’s likely a number of schools will push back on these kinds of Title IX investigations involving transgender student athlete policies, said Sokolow.
“The Trump administration is really risking their entire enforcement authority through the Department of Education if they persist through the process,” said Sokolow. “Initially, a judge might block them based on the EO, but ultimately, if the department tries to implement a fine and the schools fight it — when that happens, then it's going to be a question of whether the department really has the authority.”
