HODGDON, Maine — A northern Maine school board has plenty of local support for its decision earlier this week to embrace the Trump administration’s position on transgender students, even though experts say the move brings legal risks for the district.
On Monday night, the MSAD 70 school board unanimously voted to only recognize two sexes of students — biological males and females — and bar students from using private spaces reserved for members of the opposite sex.
The board for the Hodgdon district did not specifically mention transgender students, but they were at the heart of the decision. The board directed Superintendent Tyler Putnam to evaluate and potentially change the district’s policies to ensure they comply with language ordered by the Trump administration, according to Putnam. That could limit the ability of transgender students to do things such as using bathrooms or playing sports on teams that align with their gender.
“This was not a rush decision. I believe they have done their due diligence and made a decision that reflects the majority of their community based on what they heard and their interactions with people,” Putnam said during an interview, referring to the board members. “This is what they want.”
Coming during a much larger dispute between the feds and Maine over the legal protections for transgender students, the decision made MSAD 70 the first school district to buck the state on the issue and to instead align itself with the Trump administration’s position.
On Wednesday, the Justice Department sued the Maine Department of Education for alleged non-compliance with Title IX, the federal law that protects students from discrimination and harassment. Among other things, the government is seeking an injunction to stop Maine institutions from allowing transgender females from participating in female sports.
But the administration of Gov. Janet Mills has pushed back, responding that the state is in compliance with both state and federal anti-discrimination laws.
Amid all that, it’s still very unclear what will happen with MSAD 70’s decision. Putnam said the Hodgdon board members believe their decision is consistent with federal law based on information they have received and the community response.
During a Thursday press briefing, Gov. Mills said her administration is not considering any action related to the MSAD 70 decision.
“I am not going to give the Hodgdon school district legal advice, that’s not my job,” she said.
Hodgdon, a conservative community of about 1,318, consists mostly of farmland lined with rural winding roads and generations of families living side-by-side. Many residents attended the local schools themselves, including current Superintendent Putnam. In the most recent presidential election, 673 of its voters — or 78.9 percent — supported Trump.
After Monday night’s vote, the school board was applauded by many area residents. When the news was shared on a community Facebook page, it received hundreds of endorsements and supportive comments.
Gina Parent, who has lived in Hodgdon all her life, told the Bangor Daily News that she is proud of her town and not surprised by the decision.
“I’m glad they voted to go with President Trump’s order. He’s our commander in chief, not Janet Mills,” said Parent, adding that many residents support the board decision.
Hodgdon resident Erica Burkhart also praised the board’s decision.
“I’m proud of our school district for deciding that the risk of standing up was worth the example we are setting for our children,” she said.
Craig Harriman, a resident of neighboring Houlton, also showed support for the board, given his view that Title IX mandates that educational institutions provide equitable opportunities for both male and female athletes.
“I do not believe a male in women’s sports would constitute an equitable opportunity for women,” he said.
However, despite the support that MSAD 70 has from its community, its recent decision to adopt the Trump administration’s view of Title IX could bring legal peril.
Since taking office, Trump has issued executive orders backing up his positions on transgender students, including one that — like the MSAD 70 decision — recognizes only two sexes.
But attorneys from some advocacy groups argued that the district made a mistake. Regulations previously passed under Title IX have included protections for transgender students, and some courts have also interpreted it as protecting them from discrimination, according to Mary Bonauto, senior director of civil rights and legal strategies for GLAD Law, a Boston-based group that fights for LGBTQ rights.
If a transgender student in MSAD 70 was denied access to facilities for their gender, they could also file a complaint under the Maine Human Rights Act, according to Bre Danvers-Kidman, a lawyer who serves as co-executive director of Maine Trans Net. That state law prohibits discrimination based on sex, sexual orientation or gender identity, physical or mental disability, ancestry, national origin, race or religion.
“Other districts have previously litigated the issue of how best to follow the Maine Human Rights Act and Maine’s courts have been pretty clear,” they said. “The interpretation this district has elected to proceed with is not in compliance with state law, nor does it comply with currently legally operative interpretations of Title IX.”
Kit Thomson Crossman, executive director of the Maine Human Rights Commission — which enforces state anti-discrimination laws — said the panel does not see the Maine Human Rights Act and Title IX as conflicting.
Putnam understands that MSAD 70’s decision puts the Hodgdon district into a legal gray area, he said, adding that a lot of districts are caught in the middle between the state and federal government.
“That is the battle you are seeing at the federal and state level,” Putnam said. “We’re kind of in a waiting game when it comes to what law prevails here. [When decided] it will be easier for local districts to fall in line because a clear decision has been made.“
Putnam declined to answer whether any transgender students currently attend Hodgdon schools, pointing to issues of confidentiality and privacy.
However, not all area residents are supportive of their school districts siding with the Trump administration on this issue.
“They are using trans kids and weaponizing them to define their system of control and hurting people,” said Houlton resident Emily Moulton. “Using one group to harm others to gain control is awful. Before you know it, it will open doors to destroy health care and voting, which we are experiencing now.”
