The Maine House gave initial approval Friday night to a bill that would ban transgender athletes from girls' and women's sports after hours of emotional debate on the issue.
The measure will likely face more significant opposition in the Maine Senate, however, which voted Thursday to reject a similar prohibition on transgender athletes.
Earlier Friday, the Democratic-controlled House had rejected a series of bills that aimed to change Maine's policy of allowing students to play on teams based on their "gender identity." But then lawmakers voted narrowly to advance a bill, LD 233, that will prohibit schools and colleges from allowing anyone who was born male from participating in athletics programs that were "designated for females."
The bill's sponsor, Republican Rep. Dick Campbell of Orrington, said he introduced the straight-forward bill at the request of a constituent before Maine ended up in the national spotlight on the issue. Campbell said he had hoped lawmakers would work in a bipartisan fashion to address what he called "a major problem."
"This Legislature . . . should be able to address this issue," Campbell said. "I don't have the solution but together we ought to be able to come up with one."
Opponents attempted to reject the bill but failed on a 70 to 73 vote after four Democrats — Reps. Stephan Bunker of Farmington, Wayne Farrin of Jefferson, Dani O'Halloran of Brewer and David Rollins of Augusta — voted with all of the Republicans to support the bill. While supporters describe the bills as attempting to protect female athletes from unfair competition or injury, opponents portrayed the measures as promoting misguided policies that could harm vulnerable youths.
"A bill that subjects kids to scrutiny over their gender identity is not about fairness," said Rep. Cheryl Golek, D-Harpswell. "Let's be really honest — it's about control. Let us give our kids the space to grow, discover who they are and who they want to be without government interference."
Debate over the issue is far from over, however. The bill now goes to the Senate, which voted 21 to 14 on Thursday to reject a different but similar bill banning transgender athletes from girls' and women's sports.
The deliberation in Augusta comes at a time when the Trump administration is putting intense pressure on Maine to change its policy.
Maine drew national attention on the issue this winter when Republican Rep. Laurel Libby of Auburn criticized the state's policy by posting a picture on Facebook of a transgender athlete who had just won a high school girls' track championship. The post quickly went viral and, days later, President Trump singled out Maine as he threatened to cut off federal funding unless the state complied with his executive order banning transgender athletes from girls' and women's sports.
Maine Gov. Janet Mills, a Democrat, now famously responded "See you in court." Months later, that statement has rung true as the state and the Trump administration have filed lawsuits against each other.
The issue has deeply divided the Maine Legislature, the public and even youth athletes who are most affected by the policy. During public hearings on the bills, high school and collegiate athletes testified on both sides of the issue.
Earlier in the afternoon, Democrats narrowly rejected several Republican-sponsored bills during hours of emotional debate over transgender rights. The chamber split, 72-72, on one bill only to reverse itself hours later and reject it by a single vote.
"Passage of (the bill) ensures that Maine students, including those who are transitioning, are protected and accommodated — and that fairness, opportunities, privacy and safety are preserved for all athletes on and off the field," said that bill's sponsor, Rep. Liz Caruso, R-Caratunk.
But opponents of Caruso's measure and other bills predicted that they would violate Maine's law protecting individuals from discrimination based on their gender identity. They also said such bills further alienate a vulnerable population of young people.
Rep. Amy Kuhn, a Falmouth Democrat who co-chairs the Judiciary Committee that reviewed the bills, noted that there are only two to four transgender athletes competing on high school teams this year out of tens of thousands of athletes.
"When it comes to creating a school environment where all kids can thrive, targeting a small group who oftentimes are already marginalized and subject to harassment is harmful to every student," Kuhn said. "This kind of targeting behavior, especially when it is sanctioned by adults, creates an environment where no student feels safe."
But fellow committee member Rep. Dani O'Halloran, a Democrat from Brewer, broke ranks with her party and voted with Republicans on several of the bills to ban transgender athletes from girls' and women's sports. O'Halloran echoed concerns that men and boys have natural, biological advantages over most of their female counterparts when it comes to strength and speed.
"I absolutely support the right to transition with proper guidance," O'Halloran said during an emotional speech. "But we also need to recognize that allowing trans athletes on all-girls' sports teams gives trans athletes an advantage that they would not otherwise have. And to me, to me, this is not fair."
On Thursday night, the Democratic-controlled Senate voted 21-14 to reject a bill, LD 1134, that aims to ban transgender athletes from girls' and women's sports. One Republican lawmaker, Sen. Rick Bennett of Oxford, joined the chamber's 20 Democrats in opposing the bill.
Maine has been in the national spotlight on the transgender athletes issue for months. The Trump administration has moved to withhold federal funding and is suing the state in federal court, alleging Maine's policy of allowing athletes to compete based on their gender identity violates the rights of female athletes under the anti-discrimination law known as Title IX.
