Maine
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.”
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.
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.
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.
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
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.
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.
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.
“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.
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.
Maine
Maine ballot initiative to prevent trans athletes in girls sports could be ruled invalid
PORTLAND (WGME)– A ballot initiative seeking to prevent transgender students from playing girls sports in Maine may not be on the November ballot after all.
A Maine Deputy Secretary of State now says the initiative no longer has enough valid signatures.
Facing time constraints, Secretary of State Shenna Bellows initially validated 72,000 of the nearly 80,000 signatures gathered in support of the “Protect Girls Sports” ballot initiative. As a result, the Secretary of State approved the referendum for the November ballot.
But after a challenge to more of those signatures, including some with invalid dates and others that appear to be signed by the same person, a judge ordered a closer examination of the petitions. Chief Deputy Secretary of State Katherine McBrien says they’ve now found more than 4,800 additional invalid signatures.
“Because the number of valid signatures is now short of the required number by 532 signatures, I find the petition to be invalid,” McBrien said.
“It seems like this group didn’t follow the rules,” Gia Drew of Equality Maine said
Drew says there’s also evidence that some petition tables were unmanned while people were signing.
“Very obvious by the evidence that was presented that the folks who were doing this didn’t do that job,” Drew said.
At this point, the referendum is still approved for the November ballot. Bellows has yet to issue a final ruling.
Protect Girls Sports in Maine says it is now reviewing the deputy’s recommendation.
“We are continuing our defense of the Protect Girls Sports ballot measure and will be filing our objections to the recommended decision before the May 23 deadline.”
“We’re confident that the petition-gathering process was well done,” Protect Girls Sports in Maine attorney Tim Woodcock said. “And we’re confident that in the end, petition signatures that were gathered were done in sufficient number to withstand this challenge.”
At last count, only two transgender students were playing girls sports in Maine.
“There are far more pressing issues, I think, than a trans kid playing sports. I do think this is a political move by some folks to drive their base out to vote, which I think is short-sighted, narrow-minded and puts kids in harm’s way,” Drew said.
Bellows plans to hold a news conference on Tuesday, where she will announce her decision on the Protect Girls Sports in Maine referendum.
Maine
Maine’s growing season arrives; gardeners urged to refresh soil before planting
The growing season has arrived in Maine, so it’s time to grab the shovels and start planting.
“Your veggies, herbs, perennials, your annuals, kind of across the board, it’s safe to put those in at this point,” says Grace Frost, the Operations Manager for Highland Farms.
It all starts with good soil health, that’s the foundation to a thriving garden.
As the growing season arrives in Maine, it’s important to take the necessary steps for a successful season. (WGME)
“Whether your soil is a little older and you need to add in kind a little refresh of compost or maybe topping off your planters with some potting soil, or topping off your raised beds. Refilling that out and refreshing it for the season before popping anything else in will help give you a good footing for that planting.”
Removing any weeds from the soil is also important.
And grace says it’s a good idea to fertilize your garden in the spring when you’re initially planting to give them a jump start into the season.
As the growing season arrives in Maine, it’s important to take the necessary steps for a successful season. (WGME)
“A lot of the synthetic fertilizers, you can overdo it with them butted and those can burn the plants if you overapply. But organic fertilizers, usually those will be the brown liquids or the slow-release are built to slowly release, and they’re a little less harsh on the plants.”
Also, adding a layer of mulch on top of your garden bed has many benefits.
“Other than the weed suppression, it also helps to keep your garden beds stay cool in the summer. So it keeps the roots of your plants from cooking in the hot, hot heat. And then it helps with moisture retention, too.”
As the growing season arrives in Maine, it’s important to take the necessary steps for a successful season. (WGME)
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You’ll want to make sure your plants have enough water as well, so it’s a good idea to check the moisture in your soil often.
Maine
Hundreds of law enforcement officers travel to Bangor to honor fallen Maine Game Warden
BANGOR (WGME) — A special ceremony was held outside the Cross Insurance Center Thursday to honor Maine Game Warden Joshua Tibbetts, who died in a plane crash last week.
During the ceremony, there was a fly over, firing salute and then the casket flag was folded and handed to Tibbetts’ mother, Barbara. Shortly after that, dispatch did an official sign off for Tibbetts.
Hundreds of police officers, not only just from Maine, but also from different parts of the East Coast, were there for the ceremony. They all lined up in front of the Cross Insurance Center as Tibbetts’ body was brought from the hearse to inside the arena, where the service took place.
“It was a great service,” Ernie Smith, who assisted on bagpipes and drums Thursday, said. “It’s good to see the turnout that there was today and how much our service members and safety people are honored by the state.”
“He just had a nice temperament to him,” coworker David Craven said. “He was liked in the agency. As we heard today, he loved his girls, his daughter and his family, and he was true blue Maine Game Warden.”
A special ceremony was held outside the Cross Insurance Center Thursday to honor Maine Game Warden Joshua Tibbetts, who died in a plane crash last week. (WGME)
As Tibbetts’ casket was brought inside Thursday morning, his family members were right by the entrance as game wardens carried the casket in. Those at the service say they hope Tibbetts is remembered by not only how dedicated he was to public service but how much he loved his family, especially his two daughters he now leaves behind.
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