Maine Democrats trying to amend state constitution to codify allowing trans athletes in girls' sports
The Democrat majority in the Maine House of Representatives voted to pass a bill that would codify the Maine Human Rights Act (MHRA) in the state's constitution on Thursday.
The MHRA has been the state's tent pole legislation in allowing trans athletes in girls' sports during an ongoing feud with President Donald Trump's administration over the issue.
The law was amended four years ago to add gender identity as a protected class and specifically stated that denying a person an equal opportunity to participate in sports is discrimination against education. Last year, the Maine Principals’ Association updated its policy to allow athletes to compete against the gender they identify as.
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The proposed bill to constitutionalize the MHRA passed with a slim simple majority in the House on Thursday but will need a two-thirds majority in both chambers before it can go before voters.
Meanwhile, the Republican minority in the House is backing a proposal to remove the term "gender identity" from the MHRA.
The vote came one day after the U.S. Department of Justice filed a lawsuit against the state for its ongoing defiance of Trump's "Keeping Men Out of Women's Sports" executive order. Maine has faced immense federal pressure in the last two months over its refusal to comply, including two federal investigations, a funding freeze by the U.S. Department of Agriculture and now an official lawsuit.
But the Democrat leadership in the state, led by Governor Janet Mills, has remained steadfast in its commitment to defy Trump and ensure biologically male trans athletes can still participate in girls' sports and enter girls' locker rooms.
The MHRA has been the central law those Democrats have leaned on to justify their defiant stance.
Maine Attorney General Aaron Frey justified his state's noncompliance with Trump by citing the MHRA in an interview on CNN 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."
Fox News Digital previously obtained statements from the Maine Principals’ Association and the Maine School Administrative District 51, citing the MHRA for its 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."
The Maine School Administrative District 51, home to Greely High School, where a transgender athlete incited national controversy after winning a girls' pole vault competition in February, also pointed to the Maine Human Rights Act for allowing the athlete to compete.
"The MSAD #51 Board of Directors is guided by the Mission, Vision, and Core Values of our district. This includes promoting a safe, caring and ethical learning environment where each person will be treated with respect and fairness; and individuals are recognized, valued and supported," the district said in a statement.
However, the majority of Maine residents disagree with allowing trans athletes to compete in girls' sports.
A survey by the American Parents Coalition found that out of about 600 registered Maine voters, 63% said school sports participation should be based on biological sex, and 66% agreed that it is "only fair to restrict women’s sports to biological women."
The poll also found that 60% of residents would support a ballot measure limiting participation in women’s and girls' sports to biological females. This included 64% of independents and 66% of parents with kids under age 18.
And while Maine's Democrat leadership refuses to comply with Trump's executive order, one school district is taking matters into its own hands and defying the state anyway.
The MSAD #70 School Board voted unanimously 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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