3 min read

The Maine Principals’ Association is fighting a court order to release student records the U.S. Department of Justice says it needs to back up its lawsuit against the state over transgender athletes.

The MPA, a private nonprofit organization that oversees interscholastic sports in Maine, has asked a federal judge to void a subpoena issued by the DOJ.

“The subpoena served on the MPA should be quashed because it seeks documents that are irrelevant, disproportionate and impose an undue burden on a non-party that has merely complied with applicable state law,” the MPA said in a filing last week in U.S. District Court in Bangor.

The administration countered with its own filing Wednesday, saying that the information is “highly relevant” and reflects the needs of its case against the Maine Department of Education.

The Justice Department sued the Maine DOE in April for allowing transgender athletes to compete in girls sports, saying it violates Title IX, a federal law protecting women from discrimination in education and other federally funded activities.

The suit came after months of back and forth between the state and the Trump administration over Maine’s policy, which is based on protections in the Maine Human Rights Act that prohibit discrimination based on gender identity.

Advertisement

State Rep. Laurel Libby, R-Auburn, drew national attention to the issue in February when she posted on Facebook about a transgender girl winning a state championship track event.

Just days later, Gov. Janet Mills, a Democrat, got in a tiff with President Donald Trump over the matter during a gathering of governors at the White House, and the administration then put a freeze on U.S. Department of Agriculture funding for schools.

The Trump administration has sought to bar transgender athletes from competing in girls and women’s sports, saying their participation violates protections for women in Title IX.

Maine Gov. Janet Mills, left, speaks to President Donald Trump during a meeting of governors in the State Dining Room at the White House in February.

A settlement was reached in May in a separate lawsuit over the USDA funding, which the federal agency agreed not to terminate or interfere with based on the alleged Title IX violations and without going through the proper legal process.

The recent filings represent the latest movement in the administration’s suit against the state Department of Education, though it is not expected to be ready for trial until next spring.

According to the DOJ’s filing, it is seeking background information on the MPA, including who runs it, which schools are members, and athletic rosters and records of athletic competitions where students competed in events designated for the opposite sex.

Advertisement

The federal government is also asking for information on the MPA handbook and policies, and on the evolution of the MPA’s policy allowing transgender girls to compete in girls sports.

Other requested information includes “complaints, concerns, praise or reports” that the MPA has received regarding transgender athlete participation and the MPA’s response, non-privileged memoranda discussing the MPA’s Title IX obligations and communications between the MPA and MDOE.

“All these requests for the MPA’s highly relevant evidence are also proportional to the needs of the case,” Matthew Donnelly, a Department of Justice attorney, wrote in Wednesday’s filing.

While the principals association is not named in the lawsuit, Donnelly said it possesses a “vast amount of highly relevant evidence” since the Maine DOE “has effectively ceded its responsibility for interscholastic athletics over to the MPA.”

The MPA has argued that the subpoena asks for documents containing sensitive personal information about students, staff and personnel that are confidential unless otherwise ordered by a court. It accused the federal government of “fishing” for information, and said that some of what it has asked for is either not in the MPA’s possession or does not exist.

The Maine Department of Education has asked the court for a confidentiality order, which would allow the MPA to mark sensitive records as confidential and would also limit the ability of the government to further disclose them if they’re made available.

The principals association is asking the court to void the subpoena or, alternatively, limit its scope. U.S. District Judge Stacey Neumann is expected to make a decision at a later date.

Rachel covers state government and politics for the Portland Press Herald. It’s her third beat at the paper after stints covering City Hall and education. Prior to her arrival at the Press Herald in...

Join the Conversation

Please sign into your CentralMaine.com account to participate in conversations below. If you do not have an account, you can register or subscribe. Questions? Please see our FAQs.