Today, the HHS Office of Civil Rights concluded that Maine’s Department of Education and the Maine Principals’ Association violated Title IX. They have 10 days to comply or the matter will be referred to the DOJ.
Today, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that the Maine Department of Education, the Maine Principals’ Association, and Greely High School are each in violation of Title IX of the Education Amendments of 1972 (Title IX), as amended, and its HHS implementing regulation. OCR’s determination letter to the three entities offers them an opportunity to voluntarily commit within 10 days to resolve the matter through a signed agreement or risk referral to the U.S. Department of Justice for appropriate action.
The violation finding is the result of a compliance review of the Maine Department of Education that OCR initiated and announced on February 21, 2025, and then expanded to include the Maine Principals’ Association and Greely High School on March 5, 2025. The compliance review examined whether the State of Maine engaged in discrimination on the basis of sex in violation of Federal law by allowing males to compete in sports reserved for girls. OCR’s determination explains the fact-finding and analysis that led to its conclusion that each of the three entities are obligated to comply with Title IX and violated Title IX.
“The Maine Department of Education may not shirk its obligations under Federal law by ceding control of its extracurricular activities, programs, and services to the Maine Principals’ Association,” said Anthony Archeval, Acting Director of the Office for Civil Rights at HHS. “We hope the Maine Department of Education, the Maine Principals’ Association, and Greely High School will work with us to come to an agreement that restores fairness in women’s sports.”
The backstory on this goes back to February 5 when President Trump signed an executive order intended to keep biological men out of women’s sports.
The Executive Order upholds the promise of Title IX and ends the dangerous and unfair participation of men in women’s sports.
The order requires DOJ to abide by the nationwide vacatur of the previous Administration’s illegal Title IX rewrite that would have dissolved single-sex spaces and opportunities.
The order also requires immediate action, including enforcement actions, against schools and athletic associations comprised of schools that deny women single-sex sports and single-sex locker rooms.
A few weeks later, the situation in Maine made news after a state legislator named Laurel Libby highlighted a trans athlete who had just won a girls’ pole vaulting competition.
Two years ago, John placed FIFTH in boys’ pole vaulting.
Yet, this year (when competing against girls) this unfair win propelled his school’s girls’ team to win the overall state championship. pic.twitter.com/n0G1FB5cg9
— Rep. Laurel Libby (@laurel_libby) February 18, 2025
Actually, it was only one year earlier that John had competed as a boy.
UPDATE: We’ve learned that *just ONE year ago* John was competing in boy’s pole vault. That’s when he had his fifth place finish.
So all of this has transpired in the last year, with the full blessing of the Maine Principals’ Association.
— Rep. Laurel Libby (@laurel_libby) February 19, 2025
This turned into a battle a few weeks later when Maine’s Governor Janet Mills pointedly refused to comply with the executive order when confronted by Trump at the White House. She told Trump, “I’ll see you in court.”
🚨🇺🇸 “See you in Court – enjoy your life after”
Holy crap – Trump just called out Maine Governor Janet Mills on camera to the entire World.
Trump is taking NO prisoners. pic.twitter.com/ogyCHRf3dw
— Concerned Citizen (@BGatesIsaPyscho) February 21, 2025
Within hours, the HHS Office for Civil Rights announced an investigation into the state. Meanwhile, the Maine House voted to censure Rep. Libby for posting information about the trans student on Facebook. Last week Rep. Libby sued the state house speaker. Here she is talking to Riley Gaines about the lawsuit.
3 weeks ago, ME Speaker Fecteau censured Rep Libby for refusing to apologize for defending women.
She’s now filed a federal lawsuit, arguing the censure silences her & leaves her constituents without representation.
No, this didn’t happen in Afghanistan. It happened in Maine. pic.twitter.com/yJT4obLI5K
— Riley Gaines (@Riley_Gaines_) March 13, 2025
So what happens next? My guess is that neither Gov. Mills, nor the Maine DOE, nor the Principals’ Association will comply and this will be referred to the DOJ where the whole thing will wind up in court. That’s clearly what Gov. Mills promised would happen so I don’t see her changing course now. Most likely this will drag on for months as some liberal judge gets the case and sides with the state only to have that appealed up the chain.
Of course surprises do happen. Maybe someone with some sense will look at this and decide it’s ultimately a losing case. We’ll have a better idea of which way this is headed by next week.
