{"id":115191,"date":"2025-04-16T14:38:08","date_gmt":"2025-04-16T22:38:08","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/04\/16\/doj-sues-maine-for-aggravated-nice-to-trans-kids\/"},"modified":"2025-04-16T14:38:08","modified_gmt":"2025-04-16T22:38:08","slug":"doj-sues-maine-for-aggravated-nice-to-trans-kids","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/04\/16\/doj-sues-maine-for-aggravated-nice-to-trans-kids\/","title":{"rendered":"DOJ Sues Maine For Aggravated Nice To Trans Kids"},"content":{"rendered":"
\"\"
(Photo by Joe Raedle\/Getty)<\/figcaption><\/figure>\n

In February, President Trump summoned the nation\u2019s governors to the White House for an airing of grievances. As usual, the tiny number of trans athletes topped the list.<\/p>\n

\u201cIs Maine here?\u201d he asked, before yelling at Governor Janet Mills for refusing to bench trans kids. <\/p>\n

\u201cI\u2019m complying with the state and federal laws,\u201d she noted testily.<\/p>\n

\u201cWe are the federal law,\u201d the wannabe dictator shot back furiously, before threatening to pull all<\/em> federal funds from the state of Maine. <\/p>\n

The retribution came immediately, with cuts to everything<\/a> from Social Security to aquaculture. Last week the state sued<\/a> and got a TRO blocking the capricious attack.<\/p>\n

This morning Attorney General Pam Bondi held a press conference<\/a> with Education Secretary Linda McMahon to announce that she is suing<\/a> the state of Maine for being too nice to trans kids. Two<\/em> trans kids, to be exact.<\/p>\n

\n
\n
\n

Pam Bondi gets big mad at Janet Mills for accurately pointing out that there at most two trans athletes playing sports in Maine schools: “Shouldn’t have said that, shouldn’t have done this.”<\/p>\n

\u2014 Aaron Rupar (@atrupar.com)<\/a> 2025-04-16T13:42:49.185Z<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

Flanked by anti-trans grifter<\/a> Riley Gaines, Bondi explained that it is illegal<\/em> discrimination against<\/em> women in violation of Title IX to allow trans girls to play high school sports. <\/p>\n

No court has ever said anything like that. And indeed at least one federal appeals court said the exact opposite<\/a>, which is probably why the number of cases cited in this complaint is ZERO.<\/p>\n

Instead Bondi relies on conclusory statements:<\/p>\n

\n

By prioritizing gender identity over biological reality, Maine\u2019s policies deprive girl athletes of fair competition, deny them equal athletic opportunities, and expose them to heightened risks of physical injury and psychological harm.<\/p>\n<\/blockquote>\n

She\u2019s also got gross mischaracterizations of the federal regulations implementing Title IX. For instance, the complaint suggests that the regs require single-sex teams to exclude \u201cboys who assert they are girls\u201d:<\/p>\n

\n

Because such separation cannot disadvantage either sex, the Athletics Regulation requires that if an educational program separates teams by sex, the teams that the program designates as female teams must be completely separated by sex. See 34 C.F.R. \u00a7 106.41(b); accord 45 C.F.R. \u00a7 86.41(b).<\/p>\n<\/blockquote>\n

Don\u2019t faint but \u2026 <\/p>\n

\n

34 C.F.R. \u00a7 106.41<\/p>\n

(b) Separate teams.<\/em> Notwithstanding the requirements of paragraph (a)<\/a> of this section, a recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a recipient operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try-out for the team offered unless the sport involved is a contact sport. For the purposes of this part, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball and other sports the purpose or major activity of which involves bodily contact.<\/p>\n<\/blockquote>\n

So if there\u2019s no girls\u2019 soccer team, the school has to<\/em> let girls try out for the boys\u2019 team. Kinda looks like that reg says the opposite<\/em> of what the government claims it does, huh? Also federal regs aren\u2019t actually \u201claw,\u201d particularly since the right wing got rid of Chevron<\/em> deference. Oopsie!<\/p>\n

Executive Orders are also in the \u201cnot law\u201d pile. But that doesn\u2019t stop Bondi from pointing to them as proof that \u201csex\u201d refers to bathing suit parts ONLY:<\/p>\n

\n

Consistent with \u201csex\u201d meaning biological sex in Title IX, the President of the United States issued on January 20, 2025, Executive Order 14168, \u201cDefending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,\u201d and issued on February 5, 2025, Executive Order 14201, \u201cKeeping Men Out of Women\u2019s Sports,\u201d which both confirmed the definition of the term \u201csex\u201d for Title IX.<\/p>\n<\/blockquote>\n

The president said<\/em> that boys are the ones who pee standing up! Why won\u2019t Maine just keep all the trans kids out of sports? <\/p>\n

There is also a fun section gesturing vaguely in the direction of Maine\u2019s Human Rights Act of 2021, which says it constitutes \u201cunlawful educational discrimination\u201d to exclude anyone from participation in an athletic program \u201con the basis of sex, sexual orientation or gender identity.\u201d The DOJ both faults Governor Mills for signing the Act, and<\/em> claims that allowing trans kids to play sports violates the Act\u2019s guarantee of \u201cequal opportunity in athletic programs.\u201d<\/p>\n

The complaint ends with a demand for declarative relief, a jury trial, \u201ca damages award to the United States,\u201d and \u201ca process to compensate female athletes who have been denied equal athletic opportunities due to Defendant\u2019s violations, including correcting past athletics records.\u201d<\/p>\n

Well, that\u2019s\u2026 creative. On the plus side, the AG seems to have finally worked out the difference<\/a> between a civil enforcement action and a criminal prosecution, so \u2026<\/p>\n

\"\"
<\/figcaption><\/figure>\n

US v. Maine Department of Education<\/a> [Docket via Court Listener]<\/p>\n

\n

Liz Dye<\/a>\u00a0lives in Baltimore where she produces the Law and Chaos\u00a0substack<\/a>\u00a0and\u00a0podcast<\/a>.<\/strong><\/em><\/p>\n

The post DOJ Sues Maine For Aggravated Nice To Trans Kids<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
(Photo by Joe Raedle\/Getty)<\/figcaption><\/figure>\n

In February, President Trump summoned the nation\u2019s governors to the White House for an airing of grievances. As usual, the tiny number of trans athletes topped the list.<\/p>\n

\u201cIs Maine here?\u201d he asked, before yelling at Governor Janet Mills for refusing to bench trans kids. <\/p>\n

\u201cI\u2019m complying with the state and federal laws,\u201d she noted testily.<\/p>\n

\u201cWe are the federal law,\u201d the wannabe dictator shot back furiously, before threatening to pull all<\/em> federal funds from the state of Maine. <\/p>\n

The retribution came immediately, with cuts to everything<\/a> from Social Security to aquaculture. Last week the state sued<\/a> and got a TRO blocking the capricious attack.<\/p>\n

This morning Attorney General Pam Bondi held a press conference<\/a> with Education Secretary Linda McMahon to announce that she is suing<\/a> the state of Maine for being too nice to trans kids. Two<\/em> trans kids, to be exact.<\/p>\n

Flanked by anti-trans grifter<\/a> Riley Gaines, Bondi explained that it is illegal<\/em> discrimination against<\/em> women in violation of Title IX to allow trans girls to play high school sports. <\/p>\n

No court has ever said anything like that. And indeed at least one federal appeals court said the exact opposite<\/a>, which is probably why the number of cases cited in this complaint is ZERO.<\/p>\n

Instead Bondi relies on conclusory statements:<\/p>\n

\n

By prioritizing gender identity over biological reality, Maine\u2019s policies deprive girl athletes of fair competition, deny them equal athletic opportunities, and expose them to heightened risks of physical injury and psychological harm.<\/p>\n<\/blockquote>\n

She\u2019s also got gross mischaracterizations of the federal regulations implementing Title IX. For instance, the complaint suggests that the regs require single-sex teams to exclude \u201cboys who assert they are girls\u201d:<\/p>\n

\n

Because such separation cannot disadvantage either sex, the Athletics Regulation requires that if an educational program separates teams by sex, the teams that the program designates as female teams must be completely separated by sex. See 34 C.F.R. \u00a7 106.41(b); accord 45 C.F.R. \u00a7 86.41(b).<\/p>\n<\/blockquote>\n

Don\u2019t faint but \u2026 <\/p>\n

\n

34 C.F.R. \u00a7 106.41<\/p>\n

(b) Separate teams.<\/em> Notwithstanding the requirements of paragraph (a)<\/a> of this section, a recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a recipient operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try-out for the team offered unless the sport involved is a contact sport. For the purposes of this part, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball and other sports the purpose or major activity of which involves bodily contact.<\/p>\n<\/blockquote>\n

So if there\u2019s no girls\u2019 soccer team, the school has to<\/em> let girls try out for the boys\u2019 team. Kinda looks like that reg says the opposite<\/em> of what the government claims it does, huh? Also federal regs aren\u2019t actually \u201claw,\u201d particularly since the right wing got rid of Chevron<\/em> deference. Oopsie!<\/p>\n

Executive Orders are also in the \u201cnot law\u201d pile. But that doesn\u2019t stop Bondi from pointing to them as proof that \u201csex\u201d refers to bathing suit parts ONLY:<\/p>\n

\n

Consistent with \u201csex\u201d meaning biological sex in Title IX, the President of the United States issued on January 20, 2025, Executive Order 14168, \u201cDefending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,\u201d and issued on February 5, 2025, Executive Order 14201, \u201cKeeping Men Out of Women\u2019s Sports,\u201d which both confirmed the definition of the term \u201csex\u201d for Title IX.<\/p>\n<\/blockquote>\n

The president said<\/em> that boys are the ones who pee standing up! Why won\u2019t Maine just keep all the trans kids out of sports? <\/p>\n

There is also a fun section gesturing vaguely in the direction of Maine\u2019s Human Rights Act of 2021, which says it constitutes \u201cunlawful educational discrimination\u201d to exclude anyone from participation in an athletic program \u201con the basis of sex, sexual orientation or gender identity.\u201d The DOJ both faults Governor Mills for signing the Act, and<\/em> claims that allowing trans kids to play sports violates the Act\u2019s guarantee of \u201cequal opportunity in athletic programs.\u201d<\/p>\n

The complaint ends with a demand for declarative relief, a jury trial, \u201ca damages award to the United States,\u201d and \u201ca process to compensate female athletes who have been denied equal athletic opportunities due to Defendant\u2019s violations, including correcting past athletics records.\u201d<\/p>\n

Well, that\u2019s\u2026 creative. On the plus side, the AG seems to have finally worked out the difference<\/a> between a civil enforcement action and a criminal prosecution, so \u2026<\/p>\n

\"\"
<\/figcaption><\/figure>\n

US v. Maine Department of Education<\/a> [Docket via Court Listener]<\/p>\n

\n

Liz Dye<\/a>\u00a0lives in Baltimore where she produces the Law and Chaos\u00a0substack<\/a>\u00a0and\u00a0podcast<\/a>.<\/strong><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

(Photo by Joe Raedle\/Getty) In February, President Trump summoned the nation\u2019s governors to the White House for an airing of grievances. As usual, the tiny number of trans athletes topped the list. \u201cIs Maine here?\u201d he asked, before yelling at Governor Janet Mills for refusing to bench trans kids. \u201cI\u2019m complying with the state and […]<\/p>\n","protected":false},"author":3,"featured_media":115142,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-115191","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/04\/ralph-wiggum-learnding-vbR5ti.gif?fit=360%2C360&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/115191","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=115191"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/115191\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/115142"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=115191"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=115191"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=115191"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}