How Maine Schools Are Handling the Title IX Lawsuit and Gender Identity Policies

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AUGUSTA, Maine — Schools across Maine are wrestling with the implications of a federal lawsuit that has halted enforcement of new Title IX guidelines intended to protect against gender identity discrimination. The injunction, filed by the Kansas-based political group Moms for Liberty, has left administrators and school boards questioning how to proceed while avoiding potential legal risks.

The Heart of the Issue

Title IX traditionally ensures education free from discrimination based on sex and race, but updated guidelines introduced on August 1 expanded protections to cover transgender and gender non-conforming students. Moms for Liberty filed the federal injunction, arguing that these new guidelines lack clarity around how schools should define gender identity and permit students to use restrooms aligning with their gender identity. They claim these policies could make some students uncomfortable.

Maine’s Education Commissioner Responds

Pender Makin, Maine’s Education Commissioner, acknowledges the lawsuit's impact on schools, stating it has led to "confusion and distraction" among local officials. “It is not illegal for a school to implement the new Title IX regulations,” she clarified. “It is only illegal for the federal government to enforce those rules in those specific schools.” Maine schools can choose to uphold the protections under local policies and the Maine Human Rights Act.

Legal Complexity for Maine Schools

The federal injunction impacts over 30 Maine schools across 18 districts, including Cony Middle and High School in Augusta and Winthrop Public Schools. The injunction does not prevent state or local enforcement of Title IX updates, though schools named in the injunction are advised to adhere to prior policies until further court decisions. Augusta’s Assistant Superintendent Christina Wotton noted the complexity this creates: “It’s going to be tricky for myself and the board to deal with.”

Moms for Liberty's Position

Moms for Liberty co-founder Tiffany Justice stated the organization is proud of “halting the Biden Administration’s overreach” and plans to continue monitoring rulings. In July, the injunction was expanded to schools in 26 states, including Maine, allowing the group to include any school attended by their members' children.

Maine Law Still Offers Protection

Despite the injunction, Maine’s Human Rights Act already provides protections against discrimination for transgender students, as well as protections based on race, disability, religion, and pregnancy. Schools can enact local policies upholding these protections without direct reliance on federal guidelines.

Navigating the Confusion

As Maine schools strive to adapt, many officials are left wondering how to balance federal injunctions with state protections. Commissioner Makin highlighted the challenge, saying the injunction “sets districts up as the ‘lightning rods’ of divisive, emotionally-charged rhetoric.”

As the legal landscape around Title IX continues to evolve, Maine’s educators and administrators face the daunting task of ensuring safe, inclusive environments while navigating the complex intersection of federal and state laws.

Attribution source: Centralmaine.com