Maine's primary governing body for high school athletics said it cannot be found liable for violating Title IX protections because it does not receive any funding from the federal government. Conservative legal experts disagree. (Getty Images)
In a separate statement from MPA following HHS' determination it had violated Title IX, the association said the issue of transgender athletes' participation in sports was a "policy question" that needed to be decided by the Maine legislature and by Congress. They added that their only intention was to follow the law, and currently their legal counsel was advising them to follow Maine's Human Rights law, which requires athletic participation be determined by one's preferred gender identity.
Gov. Janet Mills, a Democrat, has backed the argument that officials should follow state law in determining athletic eligibility for transgender athletes. She has also directly challenged President Donald Trump over his push to keep males and females separate in sports.
Last month, Mills and Trump got into a public battle over the matter during a meeting with various governors at the White House, during which Mills told Trump she would "see [him] in court."
Perry said she anticipates it will take future litigation to iron out the issue completely, telling Fox News Digital that until the Supreme Court clarifies that Title IX terminology on sex means only male and female, "we're going to continue to have these governors who are going to weigh in, and they're going to find every which way from Sunday" to prevent the federal government from stripping funds.
"Maine has made very clear – Minnesota, Michigan have made very clear – all under Democratic leadership and governorship – that they are going to fight tooth and nail to prevent the loss of their federal funds, but also to continue to promote what is the prevailing narrative on gender identitarianism."
Maine Gov. Janet Mills and President Donald Trump got into a verbal skirmish at the White House last month after he questioned whether she was going to comply with his executive order demanding biological males be kept out of women's sports. (Getty Images)
In a statement to Fox News Digital, White House spokesperson Anna Kelly slammed the MPA for choosing to assert "it has the legal power to discriminate against biological women" rather than "simply protect women's sports."
"The Trump administration is committed to upholding common sense and rejecting gender insanity," she said.
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State Rep. Laurel Libby, R-Auburn, echoed Kelly's sentiment in a statement to Fox News Digital, blasting Maine's leaders for "continu[ing] to pass the buck instead of taking responsibility for allowing biological males to compete in girls’ sports."
"Rather than focusing on legal loopholes to avoid accountability, the MPA should prioritize fairness, safety, and equal opportunity for Maine’s female athletes," Libby said. "Every girl in Maine deserves a level playing field, and the MPA’s refusal to uphold that standard is a disservice to them."
https://www.foxnews.com/politics/can-maines-high-school-sports-authority-dodge-title-ix