Two cases in the U.S. Supreme Court over transgender athletes could impact the outcome of a federal lawsuit against Maine.
On Tuesday, the conservative majority in the Supreme Court appeared receptive to upholding laws in Idaho and West Virginia banning transgender athletes in girls’ sports.
The Supreme Court’s final decision in those cases could guide a lower court’s treatment of the federal lawsuit against Maine’s policy allowing transgender athletes in girls’ sports.
The lawsuit in Maine has been on hold since last year’s government shutdown.
The Trump Administration is suing the Maine Department of Education in the U.S. District Court for the District of Maine, contending the department is violating Title IX.
Title IV bars discrimination in public schools based on race, color, national origin, religion, and sex.
The lawsuit against Maine is based on two executive orders by President Trump, both of which state that the term “sex” does not include the concept of “gender identity.”
The Portland Press Herald reports that the Portland law firm representing the majority of Maine school districts will likely advise those districts on Title IV based on the Supreme Court’s decision in the Idaho and West Virginia cases.
The lawsuit against Maine has been dormant since the government shutdown, but the case assigned to District Judge Stacey D. Neumann still has a trial date of April 1.
During the Supreme Court hearing Tuesday on the Idaho and West Virginia cases, Justice Elena Kagan expressed concern about the court crafting a decision that would prevent other states from choosing to include transgender athletes in women’s sports.
“What should we not say or what should we say to prevent that from happening?” she asked.
