US DHHS and Maine discussed bills to bar transgender participation in sports
Following a virtual meeting the week of March 10, Assistant Attorney General Kimberly Patwardhan highlighted LD 233 and LD 868 in an email to Daniel Shieh, associate director of HHS' Office of Civil Rights. The correspondence was obtained through a public records request made by the Portland Press Herald.
"Per our call earlier, the pending legislation that we mentioned is L.D. 233 and L.D. 868," Patwardhan wrote on March 12. Details of the conversation, including how those bills came up, were not clear Wednesday night.
Shieh replied in an email five days later.
"We have reviewed the proposed legislation at L.D. 233 and L.D. 868 that your team sent on Wednesday," he said. "We are not prepared to stay the investigation at this time, but please let us know if those bills become law in Maine."
In that email, Shieh also attached an updated notice of determination, which expanded its scope to include the Maine Principals' Association and Greely High School alongside the Maine Department of Education for allegedly violating Title IX by allowing transgender girls to compete in girls high school sports.
LD 233, presented by Rep. Richard Campbell, R-Orrington, would bar any school receiving state funding from allowing "a person whose biological sex assigned at birth is male to participate in an athletic program or activity that is designed for females."
LD 868, presented by Elizabeth Caruso, R-Caratunk, would require athletic teams be designated for men, women or mixed participation, based on whether individuals have ever or will ever have a reproductive system that produces either eggs or sperm, designated female and male, respectively.
The latter bill applies similar rules to bathrooms and changing spaces. It also bars government entities, accrediting organizations and athletic associations from entertaining complaints about the gender policy, and would allow individuals to sue educational institutions for knowingly violating the regulations.
Neither the attorney general's office nor DHHS immediately returned requests sent late Wednesday for details about the meeting, including how the bills came up.
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