Maine’s primary governing body for high school athletics claims it isn’t liable for Title IX violations since it receives no federal funding, but Title IX legal experts call that argument “weak.”
The Department of Health and Human Services (HHS) determined earlier this week that the Maine Department of Education, the Maine Principals’ Association (MPA) and Greely High School in Cumberland violated Title IX by continuing to allow biological males to compete in women’s sports. However, in a formal response to HHS’ finding, the MPA asserted that it could not be investigated for violating Title IX because it does not receive federal funds, either “directly” or “indirectly.”
“This is an incredibly weak argument by the Maine Principals’ Association. It is no different than any one of the pass through funding options we’ve seen with Title IX in the past,” said Sarah Perry, a senior legal fellow with the Heritage Foundation who has experience litigating Title IX issues. Perry pointed to the NCAA as an example, noting that courts have found it liable under Title IX because it manages billions in sports revenue in its role overseeing schools that receive direct federal funding.
“The NCAA is a secondary recipient of federal funding because all of its member organization schools are themselves recipients of federal funding and that is precisely the basis for which Riley Gaines and a number of other NCAA swimmers sued the NCAA for violation of Title IX,” Perry pointed out.
Kristen Waggoner is president and general counsel of Alliance Defending Freedom, a conservative, Christian legal advocacy group and nonprofit. She also has experience litigating Title IX issues and called the MPA’s argument “weak.”
“Courts have consistently held that sports associations must comply with Title IX, even if they don’t directly pocket federal dollars. In fact, if an association has ‘controlling authority’ over entities that receive federal funds, courts have concluded Title IX still binds the association,” Waggoner said. “In this situation, it appears the MPA has significant control over sports in the state, as schools have delegated authority to them. The MPA isn’t simply a bystander.”
In a separate statement from MPA following HHS’ determination it had violated Title IX, the association said the issue of transgender athletes’ participation in sports was a “policy question” that needed to be decided by the Maine legislature and by Congress. They added that their only intention was to follow the law, and currently their legal counsel was advising them to follow Maine’s Human Rights law, which requires athletic participation be determined by one’s preferred gender identity.
Gov. Janet Mills, a Democrat, has backed the argument that officials should follow state law in determining athletic eligibility for transgender athletes. She has also directly challenged President Donald Trump over his push to keep males and females separate in sports.
Last month, Mills and Trump got into a public battle over the matter during a meeting with various governors at the White House, during which Mills told Trump she would “see [him] in court.”
Perry said she anticipates it will take future litigation to iron out the issue completely, telling Fox News Digital that until the Supreme Court clarifies that Title IX terminology on sex means only male and female, “we’re going to continue to have these governors who are going to weigh in, and they’re going to find every which way from Sunday” to prevent the federal government from stripping funds.
“Maine has made very clear – Minnesota, Michigan have made very clear – all under Democratic leadership and governorship – that they are going to fight tooth and nail to prevent the loss of their federal funds, but also to continue to promote what is the prevailing narrative on gender identitarianism.”
In a statement to Fox News Digital, White House spokesperson Anna Kelly slammed the MPA for choosing to assert “it has the legal power to discriminate against biological women” rather than “simply protect women’s sports.”
“The Trump administration is committed to upholding common sense and rejecting gender insanity,” she said.
State Rep. Laurel Libby, R-Auburn, echoed Kelly’s sentiment in a statement to Fox News Digital, blasting Maine’s leaders for “continu[ing] to pass the buck instead of taking responsibility for allowing biological males to compete in girls’ sports.”
“Rather than focusing on legal loopholes to avoid accountability, the MPA should prioritize fairness, safety, and equal opportunity for Maine’s female athletes,” Libby said. “Every girl in Maine deserves a level playing field, and the MPA’s refusal to uphold that standard is a disservice to them.”
