AUGUSTA, Maine — The Maine Office of the Attorney General has formally rejected a proposed resolution agreement from the U.S. Department of Education, declaring an impasse in a federal investigation concerning the participation of transgender girls in school sports.
Key Points
- Maine declines to sign a federal resolution agreement over transgender athlete policies
- State AG cites federal case law supporting transgender girls’ participation in girls’ sports
- Letter asserts that Title IX does not prohibit inclusion of transgender students
Formal impasse declared in Title IX dispute
In an April 11 letter addressed to Bradley Burke, Regional Director at the Department of Education’s Office of Civil Rights, Assistant Attorney General Sarah A. Forster stated that the Maine Department of Education and the Office of the Attorney General have reviewed the Department’s draft Resolution Agreement and Impasse Letter dated March 31, 2025, and have chosen not to sign or counter-propose.
“We agree that we are at an impasse,” Forster wrote.
The response stems from Directed Investigation No. 01255902, in which the Department of Education raised concerns regarding transgender girls and women participating in girls’ and women’s sports programs in Maine schools.
Maine defends school inclusion policies
Forster rejected the federal government’s legal position, stating that “nothing in Title IX or its implementing regulations prohibits schools from allowing transgender girls and women to participate on girls’ and women’s sports teams.” She emphasized that recent federal court rulings support this interpretation.
The letter references several cases, including B.P.J. v. West Virginia State Board of Education, where the Fourth Circuit held that the Equal Protection Clause and Title IX require schools to allow transgender students to compete consistent with their gender identity. Other cited rulings include Doe v. Horne (Ninth Circuit), Tirrell v. Edelblut (District of New Hampshire), and Doe v. Hanover County School Board (Eastern District of Virginia).
State stands firm against federal demands
The letter, sent via email, indicates that Maine will not alter its policies based on the current demands from the Department of Education. The Attorney General’s Office maintains that schools must support inclusive participation and will continue doing so in accordance with prevailing federal rulings.
Maine’s position is clear: the state sees federal opposition to inclusive sports policies for transgender students as unsupported by statute or case law.