Public hearing held for sports participation ballot measure

AUGUSTA, Maine (WABI) - The public had the opportunity Tuesday to speak at the State House on an issue that has been debated in Augusta for over a year now.

Supporters of ‘An Act to Designate School Sports Participation and Facilities by Sex’ say it protects girls sports.

Opponents say not only is it anti-trans, it could be financially harmful to school districts and Maine taxpayers.

It’s a question set for Maine ballots brought forward by citizens of the state. It’s whether or not to allow those assigned male at birth into girls sports and private spaces regardless of how they identify.

Before heading to the ballots, it’ll be discussed and voted on by Maine lawmakers beginning with a public hearing on Tuesday.

“It’s appalling, it’s dangerous and it’s just mean,” stated David Farmer, campaign manager for Campaign for Free and Fair Schools.

“Our bill is inclusive, fair and safe. Everybody plays, nobody is banned,” commented Leyland Streiff, principal officer of Protect Girls Sports in Maine Ballot Committee.

Two conflicting groups in the State House on Tuesday advocating for the same thing, what they see as what’s best for Maine kids.

“The crux of our cause is this, sex and gender are not the same thing, definitionally, scientifically and legally,” added Streiff. “Sex is real, sex matters, and sex is a protected class by both federal law and state law.”

Streiff, along with other supporters of the citizen’s referendum, argue the bill restores ‘sex-based’ civil rights. It designates private spaces and sports based on sex, what’s on someone’s original birth certificate.

“If a female wants a female-only sports opportunity, she is owed that by law, period,” said Streiff. “Same with males, anything else is discriminatory, illegal and regressive.”

Opposition includes the Campaign for Free and Fair Schools.

They say proposals like this could lead to a rolling back of decades of progress in the LGTBQ+ community and cause trans youth to be treated like second-class citizens.

“We do not make Maine safer or more fair by telling some of our kids that they don’t belong in our schools,” explained Attorney for GLAD Law Mary Bonauto.

They also say this bill leaves school districts open to litigation.

In the bill, it’s written “A student who is deprived of an athletic opportunity or suffers direct injury because of a violation of this section may bring a civil action for injunctive relief, damages and attorney’s fees against a school or entity.”

“If you don’t dress a way someone thinks you should, don’t look masculine or feminine enough, don’t talk or act according to gender stereotypes, well some bully could literally make a legal case out of it,” added Farmer.

Following work in the Judiciary Committee, it’ll fall to both the House and Senate for voting.

Similar measures did get voted down just last year.

By state law, lawmakers can pass the measure as law immediately, let it go to the ballot as is, or introduce a competing measure that would be on the ballot along with the original proposal.