Title IX case against Maine schools headed to U.S. Department of Justice
Alice Frost, who identifies as transgender, speaks to a reporter after a rally in Cumberland, Maine on Sunday, March 23, 2025, calling on Maine lawmakers, and local MSAD51 school officials, to support transgender student athletes. (Photo by Troy R. Bennett/ Maine Morning Star)
This story will be updated.
The conflict between the state of Maine and the Trump administration over transgender student athletes reached a new pivot point on Monday. As the first of several deadlines set by the federal government has now expired, whether Maine can continue to allow trans athletes to participate in sports appears likely to be decided by the courts.
Two separate federal agencies determined that Maine is in violation of Title IX based on the Trump administration's interpretation of the anti-sex discrimination protection.
The U.S. Department of Education's Office for Civil Rights issued a final warning Monday to the Maine Department of Education regarding its noncompliance with a federal directive for allowing trans girls to participate in girls' sports.
If the state does not propose an agreement that's acceptable to the office by April 11, the case will be referred to the Department of Justice, the letter said.
Meanwhile, a separate investigation by the U.S. Department of Health and Human Services' civil rights office that found Maine in violation of Title IX for 'continuing to unlawfully allow males to compete against females' has been referred to the U.S. Department of Justice, according to a Monday social media post from the agency.
In a letter dated March 17, HHS had given Maine a deadline of 10 days to comply with federal guidance. Monday marked ten business days from that warning.
Both agencies determined that Maine had violated federal law after dayslong investigations that included no interviews, while typical OCR investigations take months and are eventually settled with resolution agreements. The probes were launched after Gov. Janet Mills and President Donald Trump had a heated exchange over the state's trans athlete policy. Millions of dollars in federal funding that the state receives might be at risk, depending on how the cases proceed.
'We just need an answer at this point as to, 'Does the Trump administration have the authority to do what it's doing when it comes to fast tracking the removal of federal funds?'' said Jackie Wernz, a former OCR lawyer for the Education Department who now represents school districts nationwide in these types of cases.
'This is just unprecedented, and we're not following the process that we're used to. So I think it's going to be really helpful for courts to start weighing in on whether or not they have the authority to do this.'
On March 19, the Department of Education's civil rights office notified Maine of its noncompliance and proposed a resolution agreement that would require the state to rescind its support of trans athletes, which is currently required by the Maine Human Rights Act. A Cumberland-area school district and the Maine Principals Association, which runs student athletics, that were also found in violation have already refused to sign the agreement.
This development is part of a broader effort by the Trump administration to enforce Title IX provisions concerning gender and athletics. Earlier this year, the administration launched investigations in several other states for similar policies allowing trans athletes to compete in alignment with their gender identity.
Title IX, the federal law banning sex-based discrimination, does not reference trans people directly, but the Trump administration has interpreted Maine's policy as discrimination against cisgender girls.
Rachel Perera, a fellow in the governance studies program for the Brown Center on Education Policy at national think tank The Brookings Institution, said the Trump administration's interpretation of Title IX leaves room for questioning. If the policy goes to trial, she said federal courts may come up with a clearer interpretation.
'It's going to be really important to see how Maine proceeds, because they're sort of setting the tone in terms of these other states and other localities who are going to be trying to navigate these very same dynamics,' she said.
SUPPORT: YOU MAKE OUR WORK POSSIBLE
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Wall Street Journal
an hour ago
- Wall Street Journal
The Deportation Wars Begin
Rounding up and deporting millions of illegal migrants was never going to go down without protest. But President Trump is determined to do it, and no one can say he didn't tell voters during the campaign. But there are risks for both sides of this dispute, and especially for the country if it turns violent and triggers a military response from the White House. The weekend's clashes in Los Angeles are a sign of what could be ahead. Immigration and Customs Enforcement has been staging raids around the city hunting for migrants, including at businesses where they are thought to work. Workers, union leaders and pro-migrant activists hit the streets in protest. The clashes turned nasty in some places, some officers were hurt, and ICE and local police made arrests, including of a prominent union leader for interfering with federal officers. President Trump then invoked a little-used law to override what is typically state control and sent in 2,000 troops from the California National Guard. Cue the outrage from Democrats and cries of law-breaking on both sides.
Newsweek
an hour ago
- Newsweek
Scott Bessent Accuses Gavin Newsom of Threatening 'Tax Evasion'
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Treasury Secretary Scott Bessent accused California Governor Gavin Newsom of "threatening to commit criminal tax evasion" after the Democratic leader suggested in a social media post that the state should consider withholding federal tax payments in response to possible funding cuts from the Trump administration. Newsweek has reached out to Newsom's press office for comment via email on Sunday. Why It Matters The Trump administration has threatened to withhold federal funding from various state programs and institutions, including research and education programs. Last week, CNN reported that the administration is considering cutting grant funding to the University of California and California State University systems. In late-May, President Donald Trump threatened to pull "large scale federal funding" from the Golden State unless it bars transgender athletes from competing in girls' sports. Bessent's remarks come amid ongoing tensions between federal, state, and local authorities as protests continue in Los Angeles, which were sparked following immigration raids during which police followed the Trump administration's directives to arrest people. Some protesters have thrown rocks at officers, with one allegedly throwing a Molotov cocktail, and burning items in the streets. Agents have used tear gas on the crowds. The clashes highlight deepening conflicts between sanctuary jurisdictions and federal immigration policy, as Trump has implemented sweeping changes through executive orders and deployed the National Guard against local leaders wishes. Treasury Secretary Scott Bessent testifies on Capitol Hill in Washington, D.C., on May 7. Inset: California Governor Gavin Newsom speaks in West Hollywood, California, on March 26. Treasury Secretary Scott Bessent testifies on Capitol Hill in Washington, D.C., on May 7. Inset: California Governor Gavin Newsom speaks in West Hollywood, California, on March 26. Photo by Corine Solberg/Sipa USA/Aaron Schwartz/AP Images What To Know On Friday, Newsom shared a screenshot of a CNN article on X, formerly Twitter, about the Trump administration's potential move to cut federal funding to the state, writing, "Californians pay the bills for the federal government. We pay over $80 BILLION more in taxes than we get back. Maybe it's time to cut that off." Californians pay the bills for the federal government. We pay over $80 BILLION more in taxes than we get back. Maybe it's time to cut that off, @realDonaldTrump. — Gavin Newsom (@GavinNewsom) June 6, 2025 His post followed a CNN report that the Trump administration is targeting California's public university system over alleged antisemitism on campus. The administration has already taken similar action against Harvard University. California is the most populous state in the country with over 39 million people. It leads all the states in federal tax collection, with the Internal Revenue Service (IRS) reporting that California contributed around $806 billion to total IRS collections in the 2024 fiscal year, which is about 15 percent of the national total. A recent analysis by the Rockefeller Institute of Government found the state contributed $83.1 billion more in federal taxes in 2022 than it received back. In response to the governor, Bessent, who oversees the IRS, wrote in an X post on Sunday: "Governor @GavinNewsom is threatening to commit criminal tax evasion. His plan: defraud the American taxpayer and leave California residents on the hook for unpaid federal taxes." Governor @GavinNewsom is threatening to commit criminal tax evasion. His plan: defraud the American taxpayer and leave California residents on the hook for unpaid federal taxes. (1/3) — Treasury Secretary Scott Bessent (@SecScottBessent) June 8, 2025 In a follow up post, he wrote: "I am certain most California businesses know that failing to pay taxes owed to the Treasury constitutes tax evasion and have no intention of following the dangerous path Governor @GavinNewsom is threatening." In a third post, the treasury secretary called the governor's comments "extremely reckless." Federal law defines a willful attempt to evade or defeat federal taxes as a felony under United States law. The public clash comes as Newsom is sparring with Trump and Defense Secretary Pete Hegseth over deployment of the National Guard, and potentially active-military Marines, following protests in California sparked over federal immigration enforcement operations. Hegseth wrote in a Saturday evening post on X that in addition to mobilizing guards, nearby Marines may also be called upon, writing, "And, if violence continues, active-duty Marines at Camp Pendleton will also be mobilized — they are on high alert." What People Are Saying White House spokesperson Kush Desai told CNN in a Friday statement: "No taxpayer should be forced to fund the demise of our country," in regard to certain California policies related to energy and immigration. "No final decisions, however, on any potential future action by the Administration have been made, and any discussion suggesting otherwise should be considered pure speculation." Robert Rivas, speaker of the California State Assembly, wrote in a BlueSky post about the CNN article on Friday: "This is unconstitutional and vindictive. We're the nation's economic engine and the largest donor state, and deserve our fair share. I'll use every legal and constitutional tool available to defend CA -- we must look at every option, including withholding federal taxes." What Happens Next? The tension between the Trump administration and Newsom don't show signs of easing.
Epoch Times
an hour ago
- Epoch Times
Speaker Johnson Downplays Musk's Influence, Suggests Republicans Will Pass Budget Bill
House Speaker Mike Johnson (R-La.) on June 8 downplayed tech billionaire Elon Musk's critical comments and said that House Republicans will pass the One Big Beautiful Bill Act backed by President Donald Trump. Last week, Musk and Trump got into a heated back and forth after the Tesla CEO repeatedly bashed the spending bill on social media. Trump suggested that it was because of its cuts to electric vehicle mandates, and at one point floated cutting federal money to Musk's companies. Meanwhile, Musk took credit for Trump and the GOP winning the 2024 election and threatened to decommission SpaceX's Dragon spacecraft.
