In a move that has stirred controversy, the Democrat-controlled Maine House of Representatives has given the green light to a bill that seeks to enshrine the Maine Human Rights Act (MHRA) into the state's constitution.
The MHRA has been a cornerstone of the state's legislation, allowing transgender athletes to participate in girls' sports, a point of contention with the Trump administration.
Four years ago, the law was revised to include gender identity as a protected class, explicitly stating that denying an individual the equal opportunity to participate in sports is tantamount to educational discrimination. In the previous year, the Maine Principals Association updated its policy to permit athletes to compete against the gender they identify with.
The bill to constitutionalize the MHRA secured a narrow simple majority in the House on Thursday. However, it requires a two-thirds majority in both chambers before it can be presented to voters. On the other side of the aisle, the Republican minority in the House is advocating for the removal of the term "gender identity" from the MHRA.
As reported by Fox News, the vote occurred a day after the U.S. Department of Justice initiated a lawsuit against the state for its continued defiance of Trump's "Keeping Men Out of Women's Sports" executive order. Maine has been under significant federal pressure over the past two months due to its refusal to comply, including two federal investigations, a funding freeze by the U.S. Department of Agriculture, and now an official lawsuit.
Despite this, the Democrat leadership in the state, spearheaded by Governor Janet Mills, has remained resolute in its commitment to defy Trump and ensure that biologically male trans athletes can still participate in girls' sports and access girls' locker rooms. The MHRA has been the linchpin law that these Democrats have relied on to justify their defiant stance.
Maine Attorney General Aaron Frey defended his state's noncompliance with Trump by referencing the MHRA in a CNN interview on Wednesday. "Our position is that Title IX, consistent with the Maine Human Rights Act, so both federal and state law, supports that trans girls will be able to participate in high school sports consistent with their gender identity," Frey said. "So my contention is Maine is following Title IX, Maine is following the Maine Human Rights Act."
Statements previously obtained by Fox News Digital from the Maine Principals Association and the Maine School Administrative District 51, cited the MHRA for their refusal to comply with Trump's executive order. "The Maine Principals Association is bound by the law, including the Maine Human Rights Act (MHRA), which our participation policy reflects," officials said. "We are unable to sign any resolution agreement that would mandate we create a new policy that would violate the law and MHRA."
However, a majority of Maine residents are not in favor of allowing trans athletes to compete in girls' sports. A survey by the American Parents Coalition revealed that out of approximately 600 registered Maine voters, 63% believe school sports participation should be based on biological sex, and 66% agreed that it is "only fair to restrict womens sports to biological women." The poll also found that 60% of residents would support a ballot measure limiting participation in womens and girls' sports to biological females.
Despite the refusal of Maine's Democrat leadership to comply with Trump's executive order, one school district has taken a defiant stance against the state. The MSAD #70 School Board unanimously voted on Monday night to comply with Title IX, "recognizing only two sexes - biological male and biological female and that all private spaces be separated by biological sex."
MSAD #70 superintendent Tyler Putnam told Fox News Digital that, due to this vote, he is now directed to amend the district's policies to prevent trans athletes from competing in girls' sports. "Our board, similar to many people in Maine, have been following the back-and-forth communication between the federal government and the state.
We are hoping for both sides to work together to help support local school districts like ourselves," Putnam said. "The board and our staff's No. 1 priority is to provide our students with an education that will positively impact their future in our great state and country."
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