The secretary of state’s office has released proposed language for a citizens initiative restricting transgender athletes’ ability to compete in school sports and use facilities like bathrooms.
Proponents of the referendum aren’t happy with the phrasing.
Secretary of State Shenna Bellows announced the draft language Tuesday, opening a 30-day public comment period. The proposed wording reads:
“Do you want to change civil rights and education laws to require public schools to restrict access to bathrooms and sports based on the gender on the child’s original birth certificate and allow students to sue the schools?”
Organizers behind the citizens initiative, a group called Protect Girls Sports led by Brunswick resident Leyland Streiff, argued Thursday morning that the draft is “not dutifully faithful to the proposed legislative text.”
In a statement, the organization outlined several objections to the language. They said the referendum would not actually change civil rights law; that it applies to all sex-separated spaces including locker rooms and showers, not just bathrooms; that their proposal would designate by sex, not gender; and that their civil enforcement proposal is more complex than “allowing to sue.”
The organization proposed its own wording, which reads:
“Do you want to change public school policies to designate private facilities (bathrooms, locker rooms, showers) and competitive sports participation by sex (male, female, co-ed) as recorded on the person’s original birth certificate?”
The secretary of state’s office announced on March 17 that it had verified the signatures collected by proponents of the measure and that it would appear on the November ballot, but the proposed language wasn’t released until Tuesday.
It’s not uncommon for supporters of citizen initiatives to challenge the wording of ballot measures, and some have even sued. Last year, the secretary of state’s office prevailed in a challenge over the wording of the voter ID referendum, which was then soundly defeated by voters in November.
But conservatives, who are most likely to support the referendum, have been increasingly critical of Bellows in recent years, and even more so since she became a Democratic candidate for governor.
In addition to the debate over the wording, the referendum itself faces a legal challenge.
Last week, three Maine residents sued the secretary of state in Cumberland County Superior Court, arguing that the referendum was not valid because of problems with the signatures collected to support it. That case is still pending.
Opponents of the referendum say the proposal is discriminatory and harmful for students, and have criticized the out-of-state funding that supported it, including an $800,000 contribution from Wisconsin-based conservative megadonor Richard Uihlein.
A ballot question committee organized in opposition to the referendum, called the Campaign for Free and Fair Schools, consists of the organizations EqualityMaine, the Maine Women’s Lobby and GLBTQ Legal Advocates & Defenders, or GLAD Law.
David Farmer, the committee’s campaign manager, said Thursday that the group is evaluating the proposed language and seeing how it aligns with the provisions of the initiative.
He said at first glance the language from the secretary of state contains all of the important elements of the ballot initiative, including the language about allowing students to sue their schools, which he said is relevant to inform voters about the litigation risks and potential taxpayer costs.
Farmer said the campaign will likely submit public comment to strengthen and clarify the phrasing.
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