The U.S. Department of Health and Human Services reiterated Friday that it has found the Maine Department of Education to be in violation of Title IX for allowing transgender women to compete in women’s sports.
“HHS will investigate and enforce Title IX to the full extent permitted by law to uphold fairness, safety, dignity, and biological truth in women’s and girls’ educational athletic opportunities,” a spokesperson said in a written statement that was sent two days after a reporter requested details about the finding.
The phrase “biological truth” was earlier used in an executive order signed by President Donald Trump on his first day in office. In the order, Trump charged that “ideologues who deny the biological reality of sex” have worked to invade spaces reserved for women and decreed that the nation would only recognize two sexes as determined at birth.
Though that order espoused that “truth is critical to scientific inquiry,” the designation of only two sexes ignores established medical principles, which recognize a range of chromosomal variants beyond the most common XX and XY chromosomes. Such variations can result in an individual possessing a mixture of sexual traits, sometimes referred to as being intersex, according to the Cleveland clinic.
The HHS spokesperson, who did not provide their name, repeated threats that Maine “must comply with Title IX or risk losing federal funding.”
“Men have no place in women’s sports,” they said.
In a letter dated Feb. 25, the department charged that Maine fails to protect women by allowing transgender athletes to compete alongside them.
It did not appear to reference transgender men, who also compete on teams that align with their gender identity.
The letter came just days after the Trump administration announced investigations into the Maine Department of Education. It did not reference conversations with Maine officials.
The U.S. DHHS announced that it was conducting a Title IX compliance review of the Maine DOE and the University of Maine System on Feb. 21 — the day Gov. Janet Mills and Trump clashed at the White House. Following the dustup, the Trump administration announced additional investigations into Maine.
Mills has suggested that the outcomes of the investigations were predetermined.
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