Maine's major governing body for high school athletics claims it is not liable for a Title IX violation because it does not receive federal funding, but Title IX legal experts call the argument “weak.”
The Department of Health and Human Services (HHS) determined earlier this week that the Maine Department of Education, the Maine Principal Association (MPA) and Greeley High School in Cumberland had violated Title IX by continuing to allow biological men to compete in women's sports. However, in its formal response to the HHS discovery, the MPA argued that it could not be investigated because it violates Title IX, as it does not receive “direct” or “indirect” federal funds.
“This is a very weak discussion by the Main Principals Association. It's no different from any of the fundraising options we've seen in Title IX in the past,” says Sara Perry, a senior legal fellow at the Heritage Foundation who has litigated the issue of Title IX. Perry pointed out the NCAA as an example, saying the court is responsible under Title IX as it manages the sports revenue of billions in the role of overseeing schools that receive direct federal funds.
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“The NCAA is a secondary recipient of federal funding because all member organization schools receive federal funding in themselves, so that's exactly the basis for Riley Gaines and many other NCAA swimmers suing the NCAA for violations of Title IX,” Perry pointed out.
Kristen Wagoner is president and legal counsel for Alliance Defending Freedom, a conservative, Christian legal advocacy group and nonprofit. She has also been in lawsuits over Title IX issues and calls the MPA argument “weak.”
“The court has always determined that the sports association must adhere to Title IX, even if the federal dollars are not directly pocketed. In fact, if the association has the power to “control” the entities that receive the federal fund, the court concludes that Title IX is still bound by the association,” Wagoner said. “In this situation, the MPA appears to have important control over the state's sports, as schools delegate their authority. The MPA is not just a bystander.”
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Maine's major governing body for high school athletics said it cannot be found liable for breaching Title IX protection because it has not received federal funding. Conservative legal experts disagree. (Getty Images)
In another statement from the MPA following the HHS decision, it was violating Title IX, the association said the issue of trans athletes' participation in sports is a “policy issue” that needs to be decided by the Maine Legislature and Congress. They added that their sole intention was to follow the law, and now their legal counsel was advising them to comply with Maine's human rights law.
Democrat Gov. Janet Mills supports the argument that officials should follow state laws when determining athletic eligibility for transgender athletes. She also challenged President Donald Trump directly about his push to separate men and women in sports.
Last month, Mills and Trump were caught up in a public battle over the issue during meetings with various governors at the White House. [him] In court. ”
Perry told Fox News Digital that the Supreme Court made clear that the term “Title IX” on sex refers to men and women only, and that she would file a future lawsuit until she found everything from Sunday and made it clear that the federal government would be using funds to prevent the funds from being put in.
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“Maine has made it very clear that Minnesota, Michigan — all of the Democratic leaders and governors are fighting teeth and nails to prevent losses in federal funds, but it has also made it very clear that it will continue to promote the general narrative of gender discernism.”
Maine Governor Janet Mills and President Donald Trump had an oral skirmish at the White House last month. (Getty Images)
In a statement to Fox News Digital, White House spokesman Anna Kelly accused the MPA of choosing to assert that she “has the legal authority to discriminate against biological women” rather than simply protecting women's sports.
“The Trump administration is committed to following common sense and rejecting gender insanity,” she said.
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R-Auburn State Assemblyman Laurel Libby reiterated Kelly's sentiment in a statement to Fox News Digital, “continuously blasting Maine leaders.”[ing] Instead of taking responsibility for allowing biological men to compete in women's sports, they give them money. ”
“Instead of focusing on legal loopholes to avoid accountability, the MPA should prioritize fairness, safety and equal opportunities for female athletes in Maine,” Libby said. “Every girl in Maine deserves a level playing field, and the MPA refuses to support that standard is harmful to them.”
