HHS: Maine's Transgender Athlete Policy Violates US Law

The U.S. Department of Health and Human Services on Monday said it had determined that Maine educational authorities violated federal law prohibiting sex discrimination by allowing transgender girls to participate in women's sports in school.

The department's Office for Civil Rights sent a letter to the Maine Department of Education, the Maine Principals' Association, and Greely High School warning them that the matter may be referred to the U.S. Department of Justice if not resolved within ten days.

Its determination follows a compliance review announced shortly after President Donald Trump clashed with the Democrat governor of Maine, Janet Mills, last month. Trump, a Republican, threatened to withhold federal funds from the northeastern state over transgender athletes participating in girls' and women's sports.

Maine's Education Department did not immediately respond to a request for comment on Monday's HHS decision. During her altercation with Trump in February, Mills said: "We're going to follow the law, sir. We'll see you in court."

The review initially focused on the Maine Department of Education, before expanding to include the Maine Principals' Association and Greely High School in Cumberland, Maine, just north of Portland.

"We hope the Maine Department of Education, the Maine Principals' Association, and Greely High School will work with us to come to an agreement that restores fairness in women’s sports," said Anthony Archeval, acting director of the HHS civil rights office.

Trump, after campaigning against transgender athletes ahead of the November 2024 election, signed an executive order banning trans athletes from playing women's sports after taking office in January.

Supporters have praised the order and say it will restore fairness, but critics say the directive infringes on the rights of a tiny minority of athletes.

Out of 510,000 athletes competing at the collegiate level, fewer than 10 publicly identify as transgender, National Collegiate Athletic Association President Charlie Baker said in January.