Maine Human Rights Commission Sues 5 Districts Over Anti-Trans Policies

UPDATE: The Maine Human Rights Commission has filed a groundbreaking lawsuit against five school districts for enacting policies that discriminate against transgender students. This urgent legal action, taken on October 23, 2023, in Kennebec County Superior Court, aims to reverse these newly adopted policies that ban transgender students from participating in sports and using bathrooms that align with their gender identity.

The lawsuit targets the following districts: Maine School Administrative District 70 in Hodgdon, Regional School Unit 24 in Sullivan, RSU 73 in Livermore Falls, Baileyville School District, and Richmond School Department. These districts passed controversial policies from April to October 2023, aligning with the Trump administration’s anti-trans agenda.

Why This Matters NOW: This lawsuit is unprecedented as it marks the first time the commission has bypassed the complaint process to seek immediate judicial enforcement of the Maine Human Rights Act. Executive Director Kit Thomson Crossman emphasized the urgency, stating, “A case might be pending here for up to two years. That wouldn’t address the rights of trans and gender non-conforming students to participate fully in their school lives today.”

The commission argues that the policies adopted by these school boards create a hostile environment for transgender students, interfering with their education and potentially intimidating families from voicing their concerns. The lawsuit also highlights disturbing public comments made during meetings, including threats of physical harm against transgender students.

The lawsuit follows a politically charged atmosphere, sparked by a public confrontation between President Donald Trump and Maine Governor Janet Mills earlier this year, where Mills refused to alter the state’s policies permitting transgender girls in girls’ sports. In response, the Trump administration has initiated its lawsuit against Maine, claiming the state’s policies conflict with federal Title IX regulations.

While conservative groups have encouraged school boards to adopt these policies, the commission’s swift legal response signals a turning tide. Notably, the Maine Supreme Judicial Court ruled in 2014 that preventing transgender students from accessing bathrooms matching their gender identity violates state law. The commission maintains that this precedent extends to sports participation as well.

The situation is evolving rapidly, with several other districts contemplating similar policies. However, resistance has emerged, evident in St. George, where a school board rejected a proposal to ban a transgender child from a girls’ basketball team.

Looking ahead, the commission hopes this lawsuit will serve as a catalyst to protect the rights of transgender students across Maine. Conservative advocates may continue to push for restrictive policies, with potential plans for a statewide ballot initiative in 2026 to address transgender student rights.

As this legal battle unfolds, the implications for students, families, and school districts in Maine are profound. The commission’s decisive action underscores a pressing need to safeguard the rights and dignity of all students in the education system. Stay tuned for more updates as this developing story unfolds.