A judge is considering whether to compel the Maine Principals’ Association to provide the federal government with information about transgender student-athletes.
The Department of Justice sued the state almost a year ago for allowing transgender athletes to compete in girls sports, accusing the state of violating Title IX, a federal law protecting women from discrimination in education and other federally funded activities.
The DOJ has asked a judge to declare that the Maine Human Rights Act, which prohibits discrimination based on gender identity, violates federal law by conflicting with an executive order that recognizes only biological sex.
As part of its lawsuit, filed in U.S. District Court in Bangor, the DOJ issued a subpoena to the principals association, which is not a defendant, requesting information about students, including their names, schools and rosters detailing their athletic histories.
Attorneys for the principals association and Portland Public Schools, which are both opposing the DOJ’s requests, have argued this data goes beyond the department’s legal arguments and could place students and their families at risk.
During a hearing on Monday on the DOJ’s records requests, federal Magistrate Karen Wolf asked repeatedly how the information was relevant to the lawsuit. Wolf has not yet decided whether the subpoena should stand.
“The government started out saying, this is a legal issue,” Wolf said. “Now you’re talking about, suddenly, this blossoming thing.”
The DOJ is also asking the principals association to turn over all “complaints, concerns, praise or reports regarding transgender athlete participation,” according to court records.
Jamie Belleau, an attorney for the association, argued in court on Monday that the DOJ’s request is “overly broad,” and that some of the information, including which athletes are transgender, isn’t something the association tracks.
Anna Edwards, an attorney for the DOJ, said in court that the government has no plans to “weaponize” information and that such information would remain confidential. Edwards argued that names and sporting histories would help the government determine whether any transgender athletes have a competitive advantage, or if there are public safety concerns in girls’ sports.
“Why are students’ names important at all in this legal dispute?” Wolf asked during the hearing Monday. “Is there any real dispute in this case that transgender athletes are participating in sports in their schools?”
Mary Bonauto, an attorney with GLAD Law, argued in court on Monday that several courts around the country have denied similar requests, citing federal laws protecting student privacy and the disclosure of sensitive health information.
GLAD, which stands for GLBTQ and Legal Advocates and Defenders, is involved in the case as an interested party after voicing concerns about the DOJ’s subpoena for private student information.
“GLAD Law remains attentive to the essential partnership between schools and parents in maintaining safe and positive school environments where all students can learn and succeed in school and in life,” Bonauto wrote in a court filing.
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