The Maine School Administrative District (MSAD) 52 school board voted Thursday night to send a potential change to its transgender policy for review by its legal counsel, drawing opposition from pro-trans board members and some students.
[RELATED: Another Maine School District Removes Pro-Trans Policy after Overwhelming Board Vote…]
The MSAD 52 school board, which serves Turner, Greene, and Leeds, voted to instruct the superintendent to consult two law firms about the legal implications of changing school policy to recognize only biological sex rather than self-identification.
“What are the legal implications for changing MSAD 52 school board policies to recognize only biological male or biological female students? Included in this is what the legal implications are for designating private spaces in schools and athletic teams as only for biological male or biological female students,” said the question submitted to the law firms.
The initial question did not make specific mention of sports, but the board adopted an amendment to include it.
Conservative board member Ashley Michaud brought forward the agenda item after multiple parents came to her with concerns about the school’s transgender policies.
“I think this is an issue that multiple board members have had constituents come to them and ask questions about, ‘well, if other school districts are doing it, why can’t, why isn’t our school board doing it,'” said Michaud at the Thursday night meeting.
A group of activists and students attended the meeting’s public hearing portion to voice their opposition to the board asking for legal advice on their transgender policy, which, in its current form, violates the Trump Administration’s interpretation of Title IX anti-discrimination law by allowing males into private female spaces.
“Being trans is not about body parts, it is about identity, and when adults keep obsessing over bathrooms and sports teams, it really seems like you’re way too focused on what’s under somebody’s clothes, this is not protecting anybody, this is being invasive and disrespectful,” said one student.
Though the majority of speakers appeared to be pro-LGBTQ activists and students opposed to the agenda item, Allen Sarvinas, the head of Maine’s chapter of Parents’ Rights in Education (PRE), voiced his strong support for the board’s small move toward compliance with federal law.
“Title IX is federal law, so obviously you’re allowed to apply and enforce federal law,” said Sarvinas, “You had a school district in Hodgdon, MSAD 70, who voted to enforce Title IX to protect girls’ sports and spaces, and there’s no reason that this district can’t do that as well.”
Sarvinas’ group’s primary goal was to convince the board that they have the power to change their transgender policy, despite the opposition of Governor Janet Mills (D-Maine) and the Maine Principals Association.
“The Maine Principals Association policy clearly says that school districts are the ones who determine who plays sports, and if males are going to play and win tournaments of female sports,” he added.
The board ultimately voted 5-3 in favor of the motion.
Peter Ricker, the board’s vice chair, expressed his hope that the school’s transgender policy will be fully addressed at the board’s June 12 meeting when they have the recommendations from the two law firms.
The law firms that will provide their opinions are the district’s legal counsel, Drummond Woodsum, and Brann & Isaacson.
Drummond Woodsum made its position on transgender issues in schools clear earlier this month when it issued a joint memo with the Maine School Boards Association.
[RELATED: Maine School Districts Must Allow Male Athletes in Girls’ Sports, Drummond Woodsum Memo States…]
In their previous memo, the firm argued that the state’s Maine Human Rights Act (MHRA), which enshrines gender identity as a protected characteristic, takes precedence over President Donald Trump’s executive order “Keeping Men Out of Women’s Sports.” The firm said that, based on the MHRA, schools are required to allow biological males to participate in girls’ sports.
Two school districts, Hodgdon’s MSAD 70 in Aroostook County and Regional School Unit (RSU) 24 in Hancock County, have already rescinded their pro-transgender policies and have faced no repercussions.
