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Trump stopped federal funding to Maine over transgender athletes. Could California follow?

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Trump stopped federal funding to Maine over transgender athletes. Could California follow?


President Trump was welcoming governors to the White House in February when he sought out Maine Gov. Janet Mills, demanding to know whether she would comply with his ban on transgender athletes in women’s sports.

“I’m complying with state and federal laws,” Mills replied.

Trump responded, “We are the federal law” He added: “You’d better comply. … Otherwise, you’re not getting any federal funding.”

Mills’ parting shot to Trump: “We’ll see you in court.”

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Trump made good on his threat and began the process this month to strip Maine of federal education dollars because that state allows transgender students to compete on women’s teams. The dispute immediately landed in court — a fight that represents a high-stakes case study for California, which also has statutes permitting transgender athletes in women’s sports.

California education code “ensures equal rights and opportunities for every student” and “prohibits discrimination on the basis of gender identity, gender expression and sexual orientation.

Maine is defending the primacy of local control as well as its state law — which is grounded in pro-LGBTQ+ policy. Trump, meanwhile, is opposing Maine on conservative ideological grounds using federal funding as the cudgel to prevail. Some see Maine as a precursor to what California can expect: a Trump administration attempt to halt federal education funding.

“It seems likely that the Trump administration will proceed with lawsuits against California and other states that have policies similar to those that the administration is challenging in Maine,” said Jacob Huebert, president of Liberty Justice Center, a law firm that broadly supports Trump’s agenda. “The administration’s demands are appropriate, so California should comply with them.”

Unlike the governor of Maine, California Gov. Gavin Newsom recently said it was “deeply unfair” for trans students to compete in women’s sports, but he has not acted to change California law, which he previously has supported.

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Read more: Newsom says sharing his beliefs on trans athletes wasn’t ‘some grand design’

Trump’s U.S. Department of Education has opened an investigation into the California Interscholastic Federation, which oversees sports at more than 1,500 high schools, explicitly threatening California funding, but has not yet moved to cut off those dollars.

California officials declined to comment about the ongoing investigation.

Although federal funding for California education is challenging to calculate and arrives through multiple channels, some tallies put the figure at $16.3 billion per year — including money for school meals, students with disabilities and early education Head Start programs. The Los Angeles Unified School District has estimated that it receives about $1.26 billion a year.

And, in the current moment, there are myriad ways for California to lose these dollars, based on Trump administration directives.

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One example is the California law that prohibits schools from automatically notifying families about student gender-identity issues and shields teachers from retaliation for supporting transgender student rights.

Federal officials contend the California law illegally violates the right of parents to receive school records related to their children and have launched an investigation into the California Department of Education for enforcing it. Trump favors requiring schools to notify parents about any matters involving gender identity and their child. The California law must be nullified, the administration says.

Read more: Trump targets California ban on ‘forced outing’ of students’ gender identity to parents

Then there is the Trump ban on diversity, equity and inclusion programs. Every state and U.S. territory is supposed to certify the elimination of DEI by Thursday — or risk losing federal funds and being assessed financial penalties. California is among 16 states refusing to do so.

Meanwhile, California colleges and universities also face the loss of billions in grant funding over DEI penalties and over whether the Trump administration concludes that enough has been done to combat alleged campus antisemitism.

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Maine is the first state to face full throttling of its the K-12 funds from the Trump administration.

This month, the U.S. Department of Education began an “administrative process” to cancel all education funding for Maine. The state’s K-12 schools have received about $358.4 million, or $2,062 per pupil annually, from the federal government, according to research from Education Data Initiative. The department also referred the Maine Department of Education to the U.S. Department of Justice for “further enforcement action.”

In addition, the U.S. Department of Agriculture, which oversees school food programs, immediately suspended a portion of its funding to the state. The withheld dollars, according to Maine, resulted in cutting off meals for young children who attend day-care programs, at-risk school-age children outside school hours and people in adult day-care programs, according to court documents. There has not yet been a cutoff of all school food aid, but Trump has said multiple times that he’s going to take back every federal dollar from the state.

Maine sued for relief based on the first wave of cuts, and a U.S. district judge granted a temporary restraining order, meaning that the funding is supposed to be restored until courts decide the case on its merits.

Read more: California defies Trump order to certify that all school districts have eliminated DEI

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The Trump administration recognizes only male and female in terms of who is entitled to join a sports team, in particular a women’s team. According to court filings, a qualified participant on a women’s team is defined as “a person belonging, at conception, to the sex that produces the large reproductive cell.” Males, by comparison, are the ones with the “small reproductive cell.”

Under the Trump administration, there is no discrimination protection based on gender identity and therefore transgender students have no right to be in sports or locker rooms provided for women. To allow transgender students in these spaces amounts to illegal sexual discrimination against women, according to the Trump administration.

The Trump administration contends Maine is violating federal antidiscrimination laws as well as protections implied by the U.S. Constitution.

Nationwide, more than half of states already had a ban on sports participation by transgender youths. However, the majority of transgender students live in states without such a ban, according to UCLA’s Williams Institute, a think tank that conducts research on sexual orientation and gender identity law and public policy.

Many jurisdictions without bans specifically permit students to participate in sports consistent with their gender identity, including California. New York State recently enacted a constitutional amendment prohibiting gender identity discrimination, which some have argued will protect transgender athletes from exclusion from women’s sports.

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Is Maine an easier target?

Some critics speculate that targeting Maine first on the issue is a better strategy.

“California is a much bigger state, and that makes a difference,” said Jesse Rothstein, professor of public policy and economics at UC Berkeley. “The administration is hoping that states like Maine will buckle, that they won’t be able to afford to go without the money for the duration of a lawsuit. Picking a fight with the state of California would be a big deal.”

And from a political standpoint, he added, California has congressional districts — represented by Republicans — that rely on federal funding.

“I think that that would create political problems for the administration that they don’t face in Maine,” Rothstein said.

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Nonetheless, under current court interpretation of federal law, Maine should prevail if the state can stick it out, said Rothstein and several other critics of the Trump administration.

“There’s no legal basis for withdrawing food-aid funds because you don’t like the policy around transgender students in sports,” Rothstein said.

Supporters of the Trump’s action assert his policy will win in court. They say it has been long established that states can lose federal funding if they violate a federal body of law called Title IX, which governs areas such as sexual discrimination, sexual harassment and sexual assault. Title IX protections apply to schools that receive federal funds, including athletic programs.

Using the leverage of funding to enforce antidiscrimination law “is the way Title IX works,” said Huebert, of Liberty Justice Center.

A state doesn’t have to accept federal funding, but if it does, federal rules must be followed, said Sarah Parshall Perry, vice president and legal fellow at Defending Education, which describes itself as committed to eliminating political ideologies in public education and which is broadly supportive of Trump’s education policy.

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“As a matter of regulatory, statutory and constitutional law, they’re on very solid footing,” Parshall Perry said. And politically, “it polls very, very well for Republicans.”

There is, however, disagreement among conservatives about whether Trump is overreaching — intruding into a matter that should be left to more local authority.

“First and foremost, the federal government should not be in the business of funding education, free meals, etc.,” said Neil McCluskey, director of Center for Educational Freedom at Cato Institute, a libertarian thinktank. However, “if the federal government is going to fund things like education and nutrition, it is better that that funding come with few strings attached, especially when it comes to clashes of values.”

For Maine — and perhaps for California — the legal counterattack will argue that the Trump administration is overreaching in two ways: asserting authority outside its jurisdiction and violating laws that govern the process for withdrawing funding.

These two defenses have come up repeatedly in a multitude of legal actions to date against the Trump administration. California has at least a dozen lawsuits in progress to block various Trump actions.

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Read more: California, other states sue Trump administration over clawback of COVID school funds

California can base some hope on a legal parallel that dates to Trump’s first term, when he went after federal funding for so-called sanctuary cities — which opposed Trump’s immigration policies. At that time, Trump’s effort failed in the courts, noted Graeme Boushey, director of Center for the Study of Democracy at UC Irvine.

In the current situation, “the legal argument for broadly coercing a state into doing what you want isn’t really different,” Boushey said. “What concerns some observers is that the thing that’s changed is the composition of the U.S. Supreme Court, tilting more in favor of the Trump administration.”

If the Trump administration does prevail in court against Maine, “they will almost certainly pursue California, moving forward,” Boushey said. “And then there’s going to be nothing to stop them from rinse, wash, repeat this again for immigration policy, environmental deregulation — you name it.”

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This story originally appeared in Los Angeles Times.



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Maine

This Democrat is at the center of Maine’s debate over transgender athletes

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This Democrat is at the center of Maine’s debate over transgender athletes


Politics
Our political journalists are based in the Maine State House and have deep source networks across the partisan spectrum in communities all over the state. Their coverage aims to cut through major debates and probe how officials make decisions. Read more Politics coverage here.

A slate of Republican-led bills aimed at undoing Maine’s policies allowing transgender girls to play in sports aligned with their gender identity are heading for votes after the Legislature’s Judiciary Committee effectively deadlocked on three of them late Tuesday.

The key player was first-term Rep. Dani O’Halloran, D-Brewer, who voted with Republicans on two bills that would bar schools that receive state funding from allowing transgender girls to play alongside girls. She also endorsed a version of a similar bill from Rep. Liz Caruso, R-Caratunk, that would take out language allowing people to sue schools for violations.

Democrats who control Augusta otherwise united on the issue that has led to Gov. Janet Mills’ fight with President Donald Trump over Maine’s federal funding. These Republican-led bills still have an uphill path to passage in the Legislature, but O’Halloran’s stance has injected uncertainty around how the votes will land in the closely divided House.

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Mills has defended Maine’s laws on the subject but has not said how she feels about changing the policies, saying in March that it was “worthy of a debate.” A University of New Hampshire poll of Maine that month found two-thirds of Mainers think transgender athletes should not be allowed to compete in women’s and girls’ sports.

It’s no surprise that O’Halloran was the one to break with her party. She was one of two Democrats to vote with Republicans in April against enshrining existing civil rights protections — including those for gender identity — in the Maine Constitution.

She was one of the most vocal members during Tuesday’s committee session, questioning Mary Bonauto, a prominent LGBTQ+ rights lawyer from Portland, about whether transgender participation in girls sports erodes opportunities for those who were born girls. The lawmaker returned to that point before the committee started taking votes.

“You have not only transgender girls on girls teams, you have girls on girls teams, and then there are some transgender boys that are playing on girls teams,” she said. “So that leaves me sitting here wondering, where does that leave girls?”

Other Democrats stuck together in voting against the bills. Sen. Rachel Talbot Ross, D-Portland, worried about the real-world effects of Caruso’s bill that would bar transgender girls from girls sports but allow schools to create co-ed teams to accommodate those students.

“If the school does not have the resources or can’t put a regional team together, then we have de facto just discriminated against those students because we have not given them choice — choices,” she said.

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Rep. Rachel Henderson of Rumford, summed up the Republican perspective on the committee, saying her faith teaches her to love everyone but that it is “hard science” that there are only two biological sexes. (The American Medical Association recognizes a “medical spectrum” of gender.)

“With that love has to come a truth, and this is the truth I’m standing on,” she said. “But please know that my desire is to always wrap that truth in love.”



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Maine

Supreme Court orders Maine House to restore vote of Laurel Libby

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Supreme Court orders Maine House to restore vote of Laurel Libby


The Republican lawmaker was censured by the Maine House of Representatives in February for sharing the name and photos of a transgender high school student in a Facebook post, in which she criticized the Maine Principals’ Association for allowing transgender student-athletes to compete in girls sports.



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BDN’s Larry Mahoney to be inducted into Maine Sports Hall of Fame

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BDN’s Larry Mahoney to be inducted into Maine Sports Hall of Fame


Larry Mahoney has covered legendary Maine sports figures for more than 50 years at the Bangor Daily News. And now he is set to join those legends in the Maine Sports Hall of Fame.

Mahoney is one of 10 honorees being inducted into the hall this year, the organization announced on Monday. He was also inducted into the Maine Press Association Hall of Fame last year and has been named Maine sports writer of the year six times.

He and the other inductees, will officially become Maine Sports Hall of Fame members during a Sept. 21 ceremony in Bangor.

Former BDN sports editor and writer Pete Warner worked with the veteran reporter for years, and highlighted the humanity and knowledge that shines through Mahoney’s continued work.

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“No one cares more about the people he is writing about,” Warner said about Mahoney. “He is very invested in the little details that make people special, regardless of their particular role in sports.”

Warner said Mahoney has an unparalleled historical perspective of Maine sports.

“He’s been paying attention to things for so long and he’s been so invested in his work that he can tie items together that may on the surface seem unconnected,” Warner continued. “But because of his experience and his depth of knowledge, he can connect the dots on things that people may not ever have realized.”

In the announcement from the hall of fame, Mahoney is credited for “earning a stellar reputation while writing on every sports topic imaginable.” That prolific and knowledgeable coverage continues today, and Mahoney would surely rather be writing about those topics than talking about himself.

“It’s humbling to be going into such a prestigious hall of fame with people who are giants in their areas of expertise,” Mahoney said on Monday, characteristically deflecting the attention from himself and stressing that each of the nine other inductees “have done remarkable things and so deserve to be going into the hall.”

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The nine other honorees are former Falmouth High School soccer and basketball player Bryant Barr, who went on to play basketball at Davidson with Steph Curry; paracyclist Clara Brown of Cumberland who has won 11 world championship medals and competed in two Paralympic games, including a Bronze medal showing in Paris; Husson University men’s basketball coach Warren Caruso, who is nearing his 600th win; mulit-sport standout Jamie Cook of Kennebunk who went on to be a three-time All-American in the Decathlon at Penn State; Maine Celtics President Dajuan Eubanks who has been with the team in various capacities since its start in 2009; basketball player and coach Kelly Bowman Flagg, who was a key player on the only University of Maine women’s or men’s team to win an NCAA tournament game (and who is also the mother of Cooper and Ace Flagg); Smith College women’s basketball coach Lynn Hersey who played for Dexter High School and Plymouth State; Messalonskee High School track star Jesse Labreck who went on to earn the nickname “Flex” as a champion on the TV show “America Ninja Warrior”; and Portland High School and Northeastern runner Danny Paul who went on to be a prolific road race winner and coach.

Tickets for the induction ceremony, which will be held at Husson University, will go on sale on June 1.



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