Maine DOE pushes back on Republicans' call to end gender support in schools
Participants in the Portland Pride Parade on Congress Street on June 15, 2024. (Photo by Jim Neuger/ Maine Morning Star)
The Maine Department of Education will continue adhering to state laws that ban discrimination based on sexual orientation and gender identity amid a nationwide crackdown on equity practices and pushback from Maine Republicans.
President Donald Trump has long opposed diversity, equity and inclusion in education, and after taking office on Jan. 2 issued several executive orders to dismantle initiatives that bolster the rights of trans, nonbinary and gender fluid students, as well as equitable curriculum that focuses on accurate history.
Among the provisions of the gender order, it requires federal agencies and employees to recognize only two sexes, reject 'gender ideology' that allows people to identify with their gender identity rather than sex assigned at birth, and cuts federal funding to agencies that recognize gender identity separate from biological sex.
These actions align with bans on books and equity-driven education signed into law in several Republican-led states. Maine, however, has largely remained steady in its commitment to equity in education by protecting rights of LGBTQ+ students through the Maine Human Rights Act, and prioritizing African American and Wabanaki studies.
In a notice sent last week, the Maine DOE clarified that Trump's order, titled 'Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,' applies only to federal agencies and 'does not inhibit the force of Maine law or locally-adopted school board policies.' The department also emphasized protected classes under the Maine Human Rights Act, which bans discrimination on the basis of race, color, ancestry, national origin, sex, sexual orientation (which includes gender identity and expression), physical or mental disability and religion.
On Wednesday, 29 Maine House Republicans sent a letter responding to the guidance, calling on the department to 'face reality and walk back its ill-advised guidance to Maine schools on harmful Diversity, Equity, and Inclusion (DEI) and gender ideology initiatives.'
Failure to do so could result in school funding losses and federal lawsuits, the letter warned.
'We strongly support these important steps to protect our children, preserve fairness, maintain the integrity of sex-based distinctions, and renew the focus on education and not indoctrination,' the lawmakers continued. 'These Executive Orders are crucial in ensuring that the well-being of our children is safeguarded from policies that seek to divide, sow discontent, and contradict biological reality.'
Chloe Teboe, spokesperson for the Maine DOE, said it is not accurate for Republicans to suggest that the department has advised schools to disregard the president's orders.
'The role of the Maine DOE is to provide guidance to school administrative units about the scope of federal directives and any applicable state laws,' she said.
'In its priority notice, the Maine DOE simply stated the fact that the President's Executive Order applies to federal government agencies — and that applicable Maine state law in this case is the Maine Human Rights Act, which Maine schools — like all Maine people — must abide by.'
Since Maine is a local control state, school boards usually have the autonomy to determine local policy as long as it is consistent with state law.
The department's website offers research and resources for schools to support LGBTQ+ students.
On Wednesday, Trump signed another sweeping executive order that aims to bar federal funding for schools that teach accurate lessons about history and social studies, calling it 'discriminatory equity ideology.'
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