President Donald Trump’s executive order banning transgender girls and women from participating in female sports has triggered a legal standoff between the federal government and the state of Maine.
The U.S. Department of Justice filed a lawsuit against Maine in April, alleging that the state is violating federal anti-discrimination law by permitting transgender athletes to compete on girls’ teams in public schools.
This lawsuit follows a period of increasing tension between Trump and Maine Governor Janet Mills, a Democrat, who has resisted federal demands to enforce the executive order known as “Keeping Men Out of Women’s Sports.” Signed on February 5, 2025, the order reinterprets Title IX to forbid transgender females from participating in girls’ sports and threatens to withhold federal education funds from states and institutions that do not comply.
At a White House meeting with governors on February 21, Trump questioned Mills about her willingness to adhere to the executive order. Mills responded that she would follow both state and federal laws, leading Trump to warn that Maine could lose federal funding. Mills replied, “See you in court,” to which Trump retorted, “Good. I’ll see you in court. I look forward to that.”
The situation has escalated into a comprehensive legal conflict. The Department of Education’s Office for Civil Rights has started an investigation into Maine’s Department of Education after a Republican lawmaker highlighted a transgender high school athlete who won a girls’ championship. Officials claim that a male student was allowed to compete in a girls’ category, against federal directives. Similar investigations are underway in Minnesota and California.
Maine law, however, explicitly protects transgender students. The Maine Human Rights Act prohibits discrimination based on gender identity, and state schools allow students to participate in sports consistent with their gender identity. Mills stated that her administration “will vigorously defend the rights of all Maine students” and will not be “bullied into violating the law.”
Attorney General Aaron Frey has filed a separate lawsuit against the U.S. Department of Agriculture for stopping funds to Maine’s child nutrition program. Frey argues that the federal government is unlawfully withholding grant money, impacting low-income students reliant on these meals. The state claims that freezing the funds is a political tactic to enforce compliance with the controversial federal order.
“We will not allow the federal government to use hungry children as leverage,” Frey stated. He added that the dispute is fundamentally about upholding state laws and ensuring that students in Maine continue to have access to education and meals, irrespective of federal political issues.
The Trump administration argues that the executive order is crucial to ensuring fairness and safety in women’s sports. The order directs federal agencies to enforce compliance against institutions allowing transgender athletes in girls’ competitions and to withdraw funding as necessary. The administration contends that Maine’s policies breach Title IX and disadvantage cisgender female athletes.
The broader legal framework is complex. Courts have delivered mixed decisions on similar bans nationwide. A federal appeals court ruled that excluding transgender athletes might violate Title IX, while other courts, mainly in the South, have upheld such restrictions. The First Circuit, which includes Maine, has not issued a binding decision on the matter, and legal experts believe the U.S. Supreme Court may ultimately resolve whether Title IX protections extend to transgender student-athletes.
The case in Maine is one of several legal challenges to the February executive order. In New Hampshire, two transgender high school students have filed a lawsuit, claiming the directive infringes on their constitutional rights and existing Title IX protections. Elsewhere, cities like Worcester, Massachusetts, have declared themselves sanctuary jurisdictions for transgender individuals, stating they will not enforce the federal ban.
Meanwhile, the NCAA has adjusted its policy in response to the executive order. The organization now requires that athletes in women’s sports be assigned female at birth, but has stopped short of a total ban on transgender participation. Athletes must undergo hormone testing under the new policy, which is still under review and has faced criticism from advocacy groups.
Despite federal pressure, Maine schools continue to adhere to state law. The Maine Principals’ Association has refused to amend its policy, asserting that banning transgender girls from girls’ teams would breach existing anti-discrimination laws. State officials have also noted that losing federal funds, which account for about 10% of Maine’s education budget, would harm students more than it would resolve any legal disputes over sports eligibility.
The dispute between the Trump administration and Maine remains unresolved as the cases progress through the courts. Federal agencies persist in their investigations, and the Department of Justice is pursuing an injunction to compel the state to align its laws with federal Title IX guidance. The outcome of this case could influence how gender identity is treated under civil rights law nationwide.
