President Donald Trump’s executive order prohibiting transgender girls and women from participating in female sports has sparked a significant legal clash between the federal government and the state of Maine.
The tension intensified in April when the U.S. Department of Justice filed a lawsuit against Maine, alleging that the state violated federal anti-discrimination laws by allowing transgender athletes to compete on girls’ teams in public schools.
This lawsuit follows weeks of mounting conflict between Trump and Maine Governor Janet Mills, a Democrat, who has resisted federal demands to enforce the executive order called “Keeping Men Out of Women’s Sports.” Signed on February 5, 2025, the order reinterprets Title IX to bar transgender females from girls’ sports and threatens to withhold federal education funds from noncompliant states and institutions.
During a White House meeting with governors on February 21, President Trump questioned Mills about her compliance with the executive order, leading to a pointed exchange. Mills stated she would adhere to state and federal laws, prompting Trump to warn that Maine risked losing federal funding. When Mills responded, “See you in court,” Trump replied, “Good. I’ll see you in court. I look forward to that.”
The situation has escalated into a legal confrontation. The Department of Education’s Office for Civil Rights initiated an investigation into the Maine Department of Education after a transgender high school athlete was identified by a Republican lawmaker for winning a girls’ championship event. Officials allege that at least one male student competed in a girls’ category, in violation of federal guidelines. Similar investigations are underway in Minnesota and California.
Nevertheless, Maine law explicitly protects transgender students. The Maine Human Rights Act prohibits discrimination based on gender identity, and schools in the state follow policies that allow students to participate in sports consistent with their gender identity. Governor Mills affirmed that her administration “will vigorously defend the rights of all Maine students” and would not be “bullied into violating the law.”
Attorney General Aaron Frey has initiated a separate lawsuit against the U.S. Department of Agriculture for halting funds to Maine’s child nutrition program. Frey contends that the federal government is unlawfully withholding grant money, impacting low-income students who rely on these meals. The state argues that the freezing of funds is a political tactic intended to coerce compliance with the contentious federal order.
“We will not allow the federal government to use hungry children as leverage,” Frey said in a statement. He emphasized that the dispute centers on upholding state laws and ensuring that children in Maine have continued access to education and meals, irrespective of federal political agendas.
The Trump administration asserts that its executive order is essential for 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 claims Maine’s policies contravene Title IX and place cisgender female athletes at a disadvantage.
The broader legal context is complex, with courts issuing varied rulings on similar bans nationwide. A federal appeals court determined that excluding transgender athletes could violate Title IX, while other courts, particularly in the South, have upheld such restrictions. The First Circuit, which includes Maine, has not yet issued a binding decision on the matter, and legal experts anticipate that the U.S. Supreme Court may ultimately resolve whether Title IX protections extend to transgender student-athletes.
The case in Maine is among multiple legal challenges to the February executive order. In New Hampshire, two transgender high school students have filed a lawsuit claiming the directive violates their constitutional rights and existing Title IX protections. In other areas, cities like Worcester, Massachusetts, have declared themselves sanctuary jurisdictions for transgender individuals, stating they will not enforce the federal ban.
Meanwhile, the NCAA has amended its policy in response to the executive order. The organization now requires athletes in women’s sports to have been assigned female at birth, but has not completely banned transgender participation. Under the revised policy, athletes must undergo hormone testing, although these regulations remain under review and have faced criticism from advocacy groups.
Despite federal pressure, Maine schools continue to adhere to state law. The Maine Principals’ Association has declined to alter its policy, stating that excluding transgender girls from girls’ teams would breach existing anti-discrimination statutes. State officials have also noted that losing federal funds, which constitute 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 the state of Maine remains unresolved as the cases advance through the courts. Federal agencies persist in their investigations, and the Department of Justice is seeking an injunction to compel the state to align its laws with federal Title IX guidance. The outcome of this case could have implications for how gender identity is addressed under civil rights law nationwide.
