Can Maine’s High School Sports Authority Dodge Title IX? Legal Experts Say It's a Long Shot

Maine's primary governing body for high school athletics is under fire for claiming immunity from Title IX violations, arguing it doesn’t receive federal funding. Legal experts aren’t buying it.

The Department of Health and Human Services (HHS) recently determined that the Maine Department of Education, the Maine Principals' Association (MPA), and Greely High School violated Title IX by allowing biological males to compete in women's sports. In response, the MPA claimed it couldn’t be investigated under Title IX since it does not receive federal funds, directly or indirectly.

Sarah Perry, a senior legal fellow with the Heritage Foundation, called the MPA's defense "incredibly weak," likening it to previous pass-through funding cases under Title IX. She highlighted the NCAA as a key example, noting that courts have held it liable under Title IX due to its oversight of schools that receive federal funding.

Kristen Waggoner, president of the Alliance Defending Freedom, echoed Perry's sentiment, stating that courts have consistently ruled sports associations must comply with Title IX if they have controlling authority over federally funded entities. "The MPA isn’t simply a bystander," she added.

In a separate statement, the MPA argued that transgender athlete participation is a policy issue for the Maine legislature and Congress to decide. They claimed their actions align with Maine's Human Rights law, which determines athletic participation based on preferred gender identity.

Governor Janet Mills has supported the state law approach, directly challenging former President Donald Trump’s stance on separating males and females in sports. Mills even told Trump during a White House meeting, "I’ll see you in court." This brewing legal battle highlights the growing conflict between state and federal policies on gender identity in sports.

Legal experts expect future litigation to clarify Title IX’s interpretation of sex as either exclusively male and female or inclusive of gender identity. Perry noted that Democratic-led states like Maine are fiercely resisting federal funding cuts while promoting gender identitarianism.

White House spokesperson Anna Kelly criticized the MPA for asserting it has the “legal power to discriminate against biological women” rather than protecting women’s sports. Meanwhile, State Rep. Laurel Libby slammed Maine’s leaders for “passing the buck” and failing to uphold fairness for female athletes. "Every girl in Maine deserves a level playing field," Libby stressed.

The debate over Title IX compliance and fairness in sports is far from over, as this clash between state and federal authorities continues to escalate.