Legal experts respond to Maine sports association’s attempt to dodge Title IX probe

The Maine Principals’ Association (MPA) has come under fire for claiming it is not liable for Title IX violations due to the lack of federal funding. The Department of Health and Human Services (HHS) recently found that the MPA, along with the Maine Department of Education and Greely High School, violated Title IX by allowing biological males to compete in women’s sports. However, the MPA argued that since it does not receive federal funds directly or indirectly, it cannot be investigated for Title IX violations.
Legal experts have criticized this argument, calling it “weak” and comparing it to previous cases where organizations that do not directly receive federal funding have been found liable under Title IX. Sarah Perry, a senior legal fellow with the Heritage Foundation, pointed to the NCAA as an example of an organization that has been held accountable under Title IX despite not directly receiving federal funds. Perry emphasized that if an association has control over entities that do receive federal funds, it is still bound by Title IX regulations.
Kristen Waggoner, president and general counsel of Alliance Defending Freedom, also weighed in on the issue, stating that sports associations must comply with Title IX even if they do not directly receive federal funding. Waggoner highlighted the MPA’s significant control over sports in the state and argued that the association cannot simply claim to be a bystander in this situation.
In response to HHS’ findings, the MPA stated that the issue of transgender athletes’ participation in sports should be decided by the Maine legislature and Congress. They maintained that they were following Maine’s Human Rights law, which requires athletic participation to be determined by one’s preferred gender identity. Governor Janet Mills has supported this stance, challenging President Trump’s efforts to keep males and females separate in sports.
The debate over transgender athletes in sports is likely to continue, with legal experts anticipating future litigation to clarify the issue. Until the Supreme Court provides a definitive ruling on the interpretation of Title IX with regards to gender, the controversy is expected to persist. In the meantime, Maine officials and the Trump administration are at odds over the issue, with the White House criticizing the MPA for allegedly discriminating against biological women instead of protecting women’s sports.
State Representative Laurel Libby criticized the MPA for prioritizing legal loopholes over fairness, safety, and equal opportunity for female athletes in Maine. Libby emphasized the importance of providing a level playing field for all female athletes and called on the MPA to uphold this standard. The debate over transgender athletes in sports is likely to continue, with stakeholders on all sides advocating for their respective positions.