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Maine responds to DOJ lawsuit on transgender athletes

FILE - Maine Attorney General Aaron Frey attends the inauguration of Gov. Janet Mills, on Jan. 4, 2023, at the Civic Center in Augusta, Maine. Frey has been in a relationship with a worker whom he supervised for months, according to a statement Tuesday, April 4, 2023, and said his delay in disclosing it was an “error in judgment.” (AP Photo/Robert F. Bukaty, File)
Robert F. Bukaty
/
AP
FILE - Maine Attorney General Aaron Frey attends the inauguration of Gov. Janet Mills, on Jan. 4, 2023, at the Civic Center in Augusta, Maine.

Maine Attorney General Aaron Frey is challenging claims brought by the U.S. Justice Department alleging the state violated a federal law designed to prevent discrimination against women and girls.

Thursday's filing from Maine comes three weeks after the U.S. Justice Department sued the state and claimed that the Maine Department of Education is violating Title IX by allowing transgender athletes to compete in girls' and women's sports.

Maine law prohibits discrimination on the basis of gender identity. But recent executive orders from President Trump claim there are two genders and ban transgender women from competing in women's and girls' sports.

Frey argues that executive orders mischaracterize the meaning of "sex" as described in Title IX. And he said the Trump administration is also violating equal rights, due process and spending clauses in the U.S. Constitution.

A federal judge has set a rough timeline for the case, which could go to trial by early December.