Reporting Highlights
• Trump vs. Maine: Following an altercation between Maine's governor and President Donald Trump regarding transgender females participating in women’s athletics, multiple federal entities initiated inquiries.
• Suspension of University Funding: A federal agency probing the University of Maine System hasn’t released any conclusions yet. However, on Tuesday, the institution stated that the agency had stopped research financing.
· Significant Backlash, Limited Participation: This academic year, only two transgender girls from Maine are participating in sports. Currently, six federal agencies are investigating the situation in the state.
The highlights for this piece were crafted by the team of reporters and editors involved in developing the content.
Last month on a Monday, following a conservative Maine lawmaker’s indignation posted on Facebook over a transgender girl’s victory in a high school pole vault competition, the weight of federal intervention started to descend.
By the end of that week, on February 21st, President Donald Trump specifically mentioned Governor Mills from Maine at a White House event and warned about cutting the state’s federal funds. "See you in court," Governor Janet Mills responded sharply.
Next followed a series of probes and intimidations: The U.S. Department of Education initiated investigations into the Maine Department of Education and the student’s school district , claiming they breached federal civil rights legislation. On the same day, the U.S. Department of Health and Human Services aimed at the Maine Education Department ,, along with the state's university system.
The United States Department of Agriculture subsequently initiated an inquiry into the university system ; On Tuesday, the university stated that the USDA stopped providing funds due to an ongoing investigation into potential civil rights violations, according to records.
The United States Department of Justice sent a letter stating that “Maine ought to be warned.” The agency was ready to file a lawsuit. Even though the National Oceanic and Atmospheric Administration withdrew $4.5 million from marine research grants, they did not affect the funds allocated to the remaining 33 recipients with comparable financing.
Last week, the Social Security Administration temporarily joined five other federal agencies targeting Maine by terminating agreements with hospitals for automatic birth reporting and with funeral homes for death notifications.
Even though the Social Security contracts were restored, and the state can resubmit an application for marine research funding, the actions taken had already caused significant disruption.
Currently, more federal agencies are focusing their attention on Maine compared to the number of transgender girls participating in girls' sports within the state. This school year, only two transgender girls are reported to be competing, as stated by the Maine Principals’ Association.
The president is attempting to suppress the opposition. He’s aiming to subdue Maine," stated David Webbert, an experienced civil rights lawyer from Maine. In his view, it seems like Trump is conveying, "'If Maine supports transgender rights? You will soon find out what consequences follow.'
Some see Maine as a testing ground for how the Trump administration might attempt to impose its policies on states, disregarding current state laws. Locals have used the state’s slogan to motivate Mainers: "Dirigo," which means "I lead" in Latin.
"It’s Maine at present, but which state will it become next? This isn’t solely a Maine problem; however, Maine has raised its voice. Currently, it’s like they want to 'set an example with Maine,'" stated Kris Pitts, who serves as the executive co-director for the non-profit organization MaineTransNet.
Government representatives, who find themselves under scrutiny, have been attempting to minimize attention by being selective with their statements and turning down requests for interviews from journalists. Additionally, Mills has not made another public statement confronting Trump regarding this matter.
Indications suggest that the administration might be gearing up to compel additional states to adhere to the president’s guidelines; the Department of Justice has lately dispatched letters to both California and Minnesota, warning that legal action could be taken against these states unless they prohibit transgender girls from participating in sports activities.
The Trump administration is adopting a collaborative strategy involving multiple agencies alongside Columbia University. Recently, various federal bodies decided to revoke approximately $400 million worth of grants and contracts from the institution, as they claimed the university wasn’t doing enough to address anti-Semitism.
The press release detailing the multimillion-dollar penalty included a warning for non-compliant organizations: “Engaging with the Federal Government is a privilege.”
Almost every aspect of the rapid investigations in Maine, from their execution to their nature, stands out as unusual.
Government departments that typically do not handle civil rights issues in educational settings have initiated investigations. For example, HHS generally concentrates on ensuring healthcare accessibility for individuals with disabilities or providing language interpretation services, and there is no indication that it has investigated Maine over the last two decades.
It didn't just delve into Maine’s policies regarding transgender athletes; it also came to a decision at an extraordinarily rapid pace.
As reviewed by ProPublica and the Bangor Daily News using federal investigation data and records, such investigations usually last for several months, potentially stretching into years. However, merely one business day following the announcement of the probe, the federal agency concluded that the Maine Department of Education was failing to provide equitable chances for girls and thus breached Title IX by permitting boys to compete with females. based on a communication from the HHS to the state .
After sending the findings to the general inbox at the Maine Attorney General’s office without conducting interviews with anyone from that office, the Education Department, the governor’s office, or officials from the two high schools mentioned in the letter—schools which allowed transgender athletes to compete against girls—the relevant agencies and institutions confirmed this information.
The Maine Attorney General's office highlighted that the letter mentioned an inaccurate amount of federal funds directed to the state. Legal specialists similarly found its reading of Title IX to be questionable. On February 5th, Trump Excluding Men From Women’s Athletics The executive order stated that transgender girls are not allowed to participate in girls' sports under that particular federal statute. However, Title IX has never mandated excluding them, and Trump’s directive cannot alter federal legislation, according to Deborah Brake, a professor at the University of Pittsburgh School of Law.
The president could issue an executive order stating whatever they desire," Brake pointed out, however, "no court ruling has ever interpreted Title IX as necessitating the exclusion of transgender girls from female sports.
The agency stated that Maine might forfeit federal funds unless it adheres to their stance. They emphasized, "HHS will thoroughly examine and implement Title IX as per legal limits to ensure equity, security, respect, and factual biology within female educational athletics. Males do not belong in women’s sports," according to the declaration.
The USDA probe into the University of Maine, initiated on a Saturday—the day following Mills' conversation with Trump—is uncommon. When announcing the inquiry, the department stated that up to $100 million allocated to the university could be jeopardized due to the state's "flagrant disrespect" for Trump's directive. A representative from the university system clarified that this sum encompassed financial support over several fiscal years.
Next followed a string of inquiries, as per documents acquired by the Bangor Daily News and ProPublica At 10:50 a.m. on the subsequent Tuesday, an official from the USDA forwarded ten yes-or-no queries regarding transgender athlete guidelines to an official at the University of Maine. They were allotted one hour and ten minutes for their response. Both parties consented to address these inquiries during a scheduled Zoom meeting. Approximately five hours post this discussion, the USDA dispatched additional clarifying questions. These needed to be answered by 1 p.m. the next day.
Sherron Jernigan, who served as a USDA civil rights director for the Animal and Plant Health Inspection Service, sent the questions :
Is the University of Maine System equipped with separate toilet, locker room, and shower facilities for male student-athletes and female student-athletes?" The institution confirmed "yes.
Is the University of Maine System allowing a biological male to compete in individual or team contact sports alongside biological females?" The institution responded with "no.
The university's Title IX coordinator informed the USDA None of the seven universities within the system have transgender athletes competing in NCAA-regulated sports. The league’s president recently informed a U.S. Senate committee that out of over 500,000 student participants in NCAA teams nationwide, less than 10 are transgender.
When responding to additional queries, Liz Lavoie, who serves as the university’s Title IX coordinator, noted that the USDA did not provide the institution with "any details about the foundation or extent of their investigation, nor the procedures involved."
"Furthermore, we were only allotted a few hours to address both rounds of queries, and we are doing so sincerely; however, this method raises concerns due to the absence of formal notification and the casual manner in which these questions and interviews have been delivered," Lavoie stated.
The USDA didn’t produce any conclusions following the inquiries; however, the agency has begun implementing measures. On Tuesday, the university announced that the USDA had halted funds potentially impacting studies ranging from the pollution of Maine farms with forever chemicals to the viability of Maine’s lobster sector. In the previous fiscal year, the USDA granted almost $30 million to the University of Maine.
A representative from the USDA stated that the agency would refrain from commenting on an ongoing investigation.
Webber, the civil rights lawyer, described the federal government's investigations as "nothing but a spectacle."
It's essentially a political maneuver thinly veiled under what claims to be a legal procedure, yet this so-called legal process lacks authenticity. This raises serious concerns as they aren’t even attempting to portray it as legitimate due process," he stated. "The whole affair smells of blatant politicking.
According to documents acquired by ProPublica and the Bangor Daily News, the federal government hasn’t tried to conceal the ideological stance that its numerous investigations aim to impose in Maine and across the country. When announcing its move in Maine, HHS stated their intention was to "reinstate biological facts within the federal administration." Their report referenced an essay from OutKick, a conservative news outlet owned by Fox, known for its objective of "revealing the harmful impact of 'progressive' movements."
In the meantime, the Office for Civil Rights within the U.S. Department of Education—which has the authority to probe gender-based discrimination in educational institutions—appeared to determine that Maine was breaching Title IX even prior to completing their investigation. With over 500 staff members, this office far surpasses many of the country’s civil rights enforcement agencies in size.
The press release launching the investigation cited statements from Craig Trainor, the department’s acting assistant secretary for civil rights: "It is disgraceful that Governor Mills declines to support women and girls. By rejecting the antidiscrimination responsibilities that Maine willingly embraced upon accepting federal taxpayer funds, she is engaging in illegal conduct."
In his letter to Maine authorities outlining the commencement of the civil rights probe, Trainor referred to "reliable local reports" concerning the pole vaulter. This information originated from the Maine Wire, an internet platform established by a conservative research organization within the state. According to representatives from various Maine departments, their office has not yet reached out to Maine following the notification about the inquiry.
The Education Department did not reply to requests for comments.
The governor of Maine was convinced that her state wouldn’t get an unbiased inquiry. "Given the political direction of this probe, I believe the result is practically set from the start," Mills commented in a statement following the commencement of the Education Department’s investigation. Since then, she hasn't been willing to comment further on her stance regarding Maine’s policies for transgender athletes.
However, she has emphasized that Trump cannot compel the state to breach its own laws, specifically the Maine Human Rights Act, which prohibits discrimination on the basis of gender identity.
Mainers are uncertain about how this all-out effort will impact their state; staying abreast of it is challenging enough. When a journalist told State Senator Joe Rafferty, a Democratic co-chair of the Legislature’s committee on education and cultural affairs, that HHS' probe was completed within just four days, he couldn't hide his astonishment. He hadn't even been aware that an official inquiry had begun.
"That’s why I believe some of this might be an illusion," he stated regarding the multiple inquiries. He added that it is more probable for a final decision to occur in a court setting.
Certainly, HHS passed its findings along to the DOJ, giving them the option to file a suit against Maine aimed at withdrawing its federal funds. (According to the agency, they've extended their inquiry further to encompass both the Maine Principals' Association and the specific Maine high school attended by the pole-vaulting student.) Professor Brake highlighted that this legal action might carry substantial consequences; however, she pointed out that never before—since Title IX was established by Congress back in 1972—has the DOJ decided to terminate financial support due to such violations.
The increased focus from federal authorities has caused unease among certain residents of Maine, while being seen positively by those who do not wish for transgender girls to participate in girls' sports. This heightened scrutiny has also disrupted the routine at Greely High School, home to 625 students, where one transgender pole vaulter studies.
It’s distressing for everyone at school to be constantly in the spotlight," remarked Gia Drew, who heads an LGBTQ+ advocacy organization named EqualityMaine. "The presence of police and journalists around every corner makes going to school quite unsettling." She shared this feedback based on her conversations within the community. "When your peers are facing harassment, concentrating on a calculus exam becomes incredibly challenging. This situation impacts more than just transgender individuals; it affects all members of the educational environment.
Following state Representative Laurel Libby, a Republican from Auburn, highlighting the student on her Facebook page and alerting President Trump about the situation in Maine, parents within the school district decided to demonstrate their backing by putting up signs and distributing candy prior to class start times, stated state Representative Christina Mitchell, a Democrat representing Cumberland, where Greely High School is located. Additionally, she serves as a school board member for the district.
However, with television crews and police officers encircling the school, parents opted against contributing to the upheaval.
The Bangor Daily News and ProPublica attempted to contact the family of the student-athlete but did not receive a reply. Mitchell mentioned that other students, such as the transgender student's teammates and opponents, have been supportive. "No one was causing an issue," she stated.
Many people in Maine prefer not to make waves. While Mills' reaction to Trump did make some residents feel a sense of pride – leading to "See you in court" T-shirt sales – others understood that this action brought Maine into the national spotlight. "When you see it, you get the feeling: 'Everyone's attention will be here. Something significant is going to happen,'" stated Pitts from MaineTransNet.
Libby and other GOP legislators have seized this opportunity to promote their stance that permitting transgender girls to participate in sports poses safety concerns and discriminates against female athletes. In line with this sentiment, another member of the Republican Party has brought forward a similar proposal. a bill To present legislation requiring transgender athletes to participate in teams corresponding to their sex assigned at birth.
"All of the achievements made by women throughout the years are being wiped out by individuals pretending to be women, thus removing our presence from historical records," Libby stated during a weekly address from the Maine House Republicans.
Although Libby has faced criticism from Democrats who lead the Maine House due to her original Facebook post regarding the pole vaulter, she persists in appearing on conservative media outlets to encourage the governor not to support the participation of transgender girls in female athletics. On Tuesday, she initiated legal action by filing a lawsuit in Maine District Court against the state’s House speaker concerning the censure, alleging that he deprived her of her voting rights "as an act of retaliation for engaging in protected speech on a significant and contentious issue," as stated in the court documents. Her political allies have stood with her and backed her stance.
"Allowing biological males to compete with our girls isn’t just unpopular and unfair; it’s also against the law," stated Republican House Minority Leader Billy Bob Faulkingham from Winter Harbor. written statement Governor Mills ought to relinquish this untenable stance and support Title IX protections for our girls.
The main educational institutions in Maine are continuing to adhere to state laws despite actions from the federal government. During a routine school board meeting held at Greely High School on Thursday evening, the board president affirmed the district’s steadfast commitment to supporting every student.
Mitchell stated that Maine might currently be the focus of the federal government, but other states could follow suit.
I believe you must confront these issues head-on. Regardless of what you deem correct, you should advocate for it strongly, as otherwise, it will continue unchecked and extend elsewhere," Mitchell stated. "Even though we're a small state, giving even an inch can lead to problems.
By Callie Ferguson and Erin Rhoda from the Bangor Daily News, along with Jennifer Smith Richards and Jodi S. Cohen from ProPublica
Eli Hager contributed reporting.
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