U.S. Sens. Susan Collins and Angus King of Maine have split on a bill that would bar transgender athletes from competing in women's sports and have direct implications in a standoff between Gov. Janet Mills and the Trump administration.
The proposal would determine Title IX protections based exclusively on a person's "reproductive biology and genetics at birth."
If approved, it would effectively enshrine President Donald Trump's recent executive order banning transgender athletes from competing on women's sports teams. And it would also end varying interpretations of Title IX protections, which some presidents have used to extend to people based on their gender identity.
The Trump administration has targeted Maine and at least two other states for allowing transgender athletes to compete in women's sports by arguing that the states are violating Title IX, a 1972 law that expanded education and athletic opportunities for women.
Collins, a Republican, voted to advance the bill on Monday. King, an independent, joined Democrats in opposing it, saying individual states should make such determinations and that the bill could affect Maine's share of federal funding.
King, in a statement, acknowledged that some may be frustrated that transgender athletes can compete on women's sports teams, but he said that the bill would mean that the state could lose all federal funding if a single Maine school district decided not to comply with a federal mandate.
Maine's Human Rights Act extends protections based on gender identity, which has allowed some transgender athletes to compete on women's sports teams. Mills has argued that Maine law conflicts with Trump's transgender edict.
"While these are complex issues, considerations of fairness and safety in sports are made every day by parents, educators, and school administrators at the local level," King said. "We should keep it that way and allow local communities to decide what’s best for their districts and their students, and let states abide by the will of their citizens. In other words, I see this as a state’s rights issue which should not require a one-size-fits-all federal solution."
King also worried that the bill's vague enforcement provisions could allow schools to adopt "inappropriate practices" to verify the sex of their students.
He added, "I find it odd that many of those supporting this legislation have exactly the opposite position when it comes to women’s reproductive choices — that that issue should be left to the states — while the question of transgender athletes requires a federal solution which overrides local control."
Collins, in a statement, said she voted to advance the bill because it's designed to preserve the original intent of Title IX, to expand opportunities for women.
"At this moment, we must remember not only the success that has resulted from Title IX, but also the original intent behind this landmark law," she said. "Policies allowing biological males who identify as transgender to compete in women’s sports have threatened to undermine the core purposes behind Title IX. This is not a political issue; this is a matter of biology."
She added, "I have always advocated that we must treat transgender individuals with respect and dignity. This is especially important when dealing with young people, who face heightened pressure and challenges. But we must remember that Title IX is the law, not a suggestion."
The Republican-led Senate voted, 51-45, to approve the bill but it failed to advance because it needed 60 affirmative votes.
Meanwhile, the Republican pressure campaign to compel Maine to comply with the president's executive order banning transgender athletes from competing in sports continued at the State House on Tuesday.
Several Republican women state lawmakers held a press event to frame the issue as an infringement of women's rights by men.
"We are a determined and unyielding group and our voices, echoing those from women of the past, will not be quieted to defend girls' rights to feel safe, compete fairly, claim the honors they've earned and speak freely," said Rep. Tina Smith, R-Palermo, the assistant minority leader in the House.
Smith stood alongside other Republican women wearing white, a reference to the women's suffrage movement and a form of protest to honor Women's History Month and show solidarity with Rep. Laurel Libby.
Libby was recently censured by Democrats in the House for targeting a transgender high school student in a social media post. The post blurred the identities of two other girls but not the transgender student. Under the censure order, Libby cannot vote until she apologizes.
Her post touched off the confrontation between Trump and Mills at the White House nearly two weeks ago that led the president to threaten to withhold Maine's federal funding and Mills vowing to uphold state and federal laws.
It's also sparked interest in an anti-doxing bill that would allow a family member to sue anyone who posts personal information about a child that could lead to harassment or violence.
Advocates for an Equal Rights Amendment to Maine's Constitution pleaded their case to state lawmakers in Augusta Tuesday.
Previous efforts to pass equal rights amendments in Maine and nationally have focused on protecting against gender-based discrimination. But supporters like Rep. Holly Sargent of York said the current measure would explicitly protect the rights of all state residents.
"Laws change, leaders change, priorities change, opinions change. But basic rights of all Mainers should not change," Sargent said.
But Republicans have consistently opposed previous equal rights amendments, which they viewed as redundant and unnecessary given Maine's civil rights laws. So while Sargent's bill has nearly 100 Democratic co-sponsors, it appears unlikely to gain the two-thirds support in the Legislature that is needed to send the issue to voters for ratification.
