Since President Donald Trump issued an executive order in February banning biological men from competing in women’s sports, officials in Maine have argued that state law prohibits them from following the federal guidance in public schools. This is either a misinterpretation of state law or a blatant lie to push their woke ideology.
Maine officials, such as Attorney General Aaron Frey and Department of Education Commissioner Pender Makin, have consistently and falsely stated that the Maine Human Rights Act prevents them from following the Trump administration’s interpretation of Title IX that bans men from women’s sports. Defending Education has exposed the deception in a new report.
In April, Frey stated in an interview that “we are confident in our read on Title IX and on the Maine Human Rights Act and what’s required of our state.” In emails obtained by Defending Education through a public records request, Makin advised her team and the state’s schools to ignore Trump’s executive order and insinuated that the state law supersedes federal law.
Their argument and reliance on the Maine Human Rights Act are flawed for several reasons. For starters, state law does not override federal law. This is stated clearly in the Constitution.
The Maine Human Rights Act also makes no reference to transgender athletes or allowing men to compete against women. When referencing sports, the law only states that an educational institution cannot “deny a person equal opportunity in athletic programs.” If this is the crux of their argument, then their reasoning is flawed. Biological men still have access and can compete in sports designated for males.
Even if Maine officials are given the benefit of a doubt that they may have just possibly misinterpreted the law, the Maine Human Rights Act has an interesting carve-out that they are brazenly ignoring.
The law states on several occasions that accommodations are not always guaranteed, even in cases of discrimination. The Maine Human Rights Act is clear that a “direct threat” or “significant risk” to someone’s safety can supersede the rights of a protected category stated in the law. If someone’s safety is endangered, the person who imposes that danger can be refused access to services or activities usually granted in the law’s text.
A biological male participating in women’s sports certainly jeopardizes the physical safety of female athletes. There are numerous instances in just the past few years of women being injured because of schools and states allowing men to compete against them.
In a notable incident that occurred in 2022, a transgender athlete spiked a volleyball into a female player’s face during a high school game in North Carolina. The girl suffered from a brain injury and partial paralysis due to the horrific event.
Another incident three years ago in a high school rugby league game in Guam also had disastrous consequences. A transgender athlete injured three girls from the opposing team during the game. The girls’ coach stated that the transgender athlete’s “body size, body strength … completely dominate any girl that I have on my team.”
A field hockey match between two Massachusetts high school teams in 2023 reportedly saw a male athlete severely injure a girl during the game. The male player took a shot at the ball, which hit a girl in the face. The girl had two of her teeth knocked out and suffered significant facial injuries as a result.
There is no question: Biological males threaten the physical safety of women in sports. There are new incidents every year of women and girls suffering from injuries because men were allowed to compete against them. By the law’s own language, Maine officials should not allow this to continue in the state.
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Those who hold the power in Maine to protect female athletes have no excuse for failing to do what is right and follow the Trump administration’s Title IX guidance. The Maine Human Rights Act does not defend or justify allowing males to compete in women’s sports. Stating otherwise is blatantly dishonest.
Maine officials have the responsibility of protecting the health and safety of all residents in their state. This includes ensuring the physical safety of women and girls who deserve an equal opportunity in sports and who simply deserve more respect than the state is giving them. At this point, the state’s leaders are just enforcing their own woke ideology onto others through lies and deception.
Casey Ryan is a writer and investigative reporter at Defending Education.
