Maine is on the brink of losing federal education funding simply because it refuses to discriminate against transgender athletes.
Even though Donald Trump can't singularly withhold federal education funds or shut down the Department of Education, he's trying anyway. And no state has felt the brunt of his attacks more than Maine as it stands by its trans students.
On Saturday, Trump demanded "a full throated apology from the Governor herself."
Here's why Trump is going after the state and its leader.
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Why is Maine being targeted by Trump?
The Trump Administration is currently threatening to withhold federal funding into the state of Maine over its inclusive policies for transgender athletes.
Trump signed the so-called “No Men in Women’s Sports” executive order in February, directing federal agencies, public schools, colleges, and even the U.S. Olympic Committee to ban trans women and girls from competing in women’s sports. He said that schools and athletic organizations that do not comply will lose federal funding.
What did the Maine governor say to Trump?
Maine's Democratic Gov. Janet Mills did not agree to obey Trump's transgender sports ban. Trump singled out Mills at the National Governors Association meeting at the White House shortly after signing the order, directly asking, “Is Maine here, the governor of Maine here? Are you not going to comply with it?"
Mills replied, “I’m complying with state and federal laws.”
Trump then rambled, “Well— I’m— we are the federal law. You better do it. You better do it because you’re not going to get any federal funding at all if you don’t. And by the way, your population, even though it’s somewhat liberal — although I did very well there — your population doesn’t want men playing in women’s sports. So you better comply because otherwise, you’re not getting any federal funding.”
To which Mills only responded, “We’ll see you in court.”
What does the law say about trans athletes?
Maine's trans-inclusive sports policies are indeed following state and federal laws. Discrimination against transgender individuals is illegal in Maine under the Maine Human Rights Act, and the U.S. Supreme Court ruled in 2020 that federal laws protecting against sex discrimination in employment, including Title VII, encompass gender identity. Trump's executive orders, which are being challenged in courts, are not law.
As for the science, a comprehensive review of several studies on trans participation in sports under their gender identity found that trans athletes, post-transition, are "more similar to their gender identity." It noted that both transgender and cisgender athletes show great variations in ability.
Is Maine being investigated over trans athletes?
Trump's Department of Education, which he is attempting to completely dismantle through a recent executive order, launched an investigation into Maine shortly after Trump's heated exchange with Mills. A second investigation was then initiated by the Department of Health and Human Services.
The office concluded after just four days and without interviewing any state officials that Maine violated Title IX by allowing trans athletes to compete. Such investigations usually take months.
The agencies on Monday gave the state ten days to comply with its demands to discriminate against trans students or it would "initiate the process to limit MDOE’s access to federal funding," Craig Trainor, acting assistant secretary for civil rights, said in a statement.
Will Maine lose federal funding?
While Trump has threatened to withhold federal funding if Maine does not comply, Maine Attorney General Aaron Frey maintains that this is "illegal."
“Any attempt by the President to cut federal funding in Maine unless transgender athletes are restricted from playing sports would be illegal and in direct violation of court orders,” Frey said last month, via The Hill. “Fortunately, though, the rule of law still applies in this country, and I will do everything in my power to defend Maine’s laws and block efforts by the President to bully and threaten us.”
Mills also said in a statement following her and Trump's spat that "if the President attempts to unilaterally deprive Maine school children of the benefit of Federal funding, my Administration and the Attorney General will take all appropriate and necessary legal action to restore that funding and the academic opportunity it provides. The State of Maine will not be intimidated by the President's threats."
Will Maine comply with Trump's order?
The governing body that oversees Maine’s school sports, the Maine Principals’ Association, has not budged on its trans-inclusive policies, holding that the Trump Administration does not have jurisdiction over it.
MPS said in a statement via Politico on Wednesday that it “receives no direct or indirect federal funding, so it is not beholden to Title IX enforcement by HHS and therefore cannot be included in any future investigations or litigation."
While Maine receives more than $280 million in funding from the Education Department for several programs, including school lunches and special education, these funds do not go to athletics, according to MPS.
