A town in Maine voted Monday night to continue to comply with the state’s Human Rights Act, allowing a transgender grade-schooler to play on a girls’ recreational basketball team.

The 3–2 vote at the November 10 special meeting of the St. George, Maine, Select Board came after a group of parents submitted a letter at last week’s regular monthly meeting raising their “deep concern” about the St. George Parks & Recreation Department’s youth basketball program allowing a transgender girl to play on its third and fourth grade girls’ team.

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“While we understand that Maine law allows children to participate [in sports] based on how they identify, we also believe that these policies have created a very uncomfortable situation for many families in our community,” local parent Emily Chadwick read from the group’s letter during the public comment portion of the November 4 meeting.

In video from the meeting, Chadwick and others who spoke initially seemed to go out of their way not to mention the trans child or indeed to even specify the reason for their “concerns” or to ask the board to take any specific action beyond considering “how these policies impact all the children involved, not just one.”

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Noting that the group seemed to be referencing the Maine Human Rights Act (MHRA), which bars discrimination based on gender identity, Select Board Chair Jane Conrad told those in attendance that their proper course of action would be “to lobby your legislators” to change the law. The Select Board members, she explained, “are in charge of enforcing the law.”

The board ultimately decided to schedule the November 10 special meeting to discuss whether it would continue to comply with the law and to allow for the broader community to weigh in.

Monday night’s meeting opened with Colin Hurd, deputy counsel for the Maine Human Rights Commission, clarifying precisely what is covered by the state human rights law.

“Under the Maine Human Rights Act, it’s illegal to prevent a person from playing sports on the team of their gender identity solely because their sex assigned at birth is different from the people that they will be playing with or against,” Hurd explained. “Furthermore, under the same provision, it’s illegal to prevent a person from using the restroom or locker room that most closely corresponds with their gender identity. So, the law, the Human Rights Act, is pretty unequivocal on these matters.”

Following the meeting’s hour-long public comment period, Conrad once again reiterated that it is not the board’s role “to determine or debate the law,” adding that in recent years, the board has consistently voted to follow state law, even when individual members disagreed with it. While she encouraged board members to voice their objections to the law, she also expressed her hope that they would vote to follow it, as not doing so would likely invite a lawsuit that they would lose, “and the taxpayers of our town would have to foot the bill.”

While some speakers at both the November 4 and 10 meetings seemed to reference a February 5 executive order banning transgender women and girls from women’s and girls’ sports (which neither changed nor established any law) and his administration’s interpretation of Title IX, Conrad noted that no court has ruled so far that any federal law supersedes the Maine Human Rights Act. She also noted that attempts in the state’s most recent legislative session to restrict trans people’s participation in sports have all been rejected.

As Them notes, the dust-up in St. George follows Maine’s Democratic Gov. Janet Mills’s months-long feud with the president over her refusal to comply with his anti-trans executive order. Mills has argued that the state’s human rights law prevents her from banning trans athletes from women’s and girls’ sports. However, as Them notes, several school districts in the state have nonetheless opted to institute trans sports bans in compliance with the executive order. An anti-trans advocacy group recently launched a new effort to amend the MHRA via ballot referendum so that it is in compliance with the presidential administration’s anti-trans interpretation of Title IX.

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