“(DOJ) does not tolerate state authorities that ignore federal law,” Attorney General Pam Bondy said.
On Tuesday, Attorney General Pam Bondy issued a letter to officials in California, Maine and Minnesota, threatening legal consequences if the state does not exclude transgender students from women’s sports.
“This Department of Justice defends women and will not tolerate state officials who ignore federal law,” Bondy said in a statement. “We will leverage all the legal options needed to secure federal law and President Donald’s (Donald) executive order.”
The letter was issued earlier this month in response to one of Trump’s anti-trans executive orders, banning trans people from participating in women’s sports. The administration aims to “protect opportunities for women and girls,” but the National Center for Women’s Law (NWLC) calls it “another attempt to bully trans people, including children, and abuse the government to enforce sexist gender roles.”
The Education Department has also notified the schools that it will interpret and enforce Title IX, a federal law prohibiting discrimination based on biological sex. This policy shift has led the department to launch multiple civil rights surveys on transgender sports participation policies.
One such investigation began Friday following Trump’s public dispute with Maine Gov. Janet Mills (D) during a gathering of White House governors.
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Travel restrictions are one of the most surprising escalations in the ongoing attacks on transgender rights.
“Is there anyone here from Maine?” the president asked the crowd at the event. “They still want men to play in women’s sports, so I can’t believe they’re doing that. So we’re not going to give federal funds until they clean it up.”
Mills replied immediately. “We’re going to follow the law sir. Let’s meet in court.”
In a statement Friday, Mills reaffirmed that “Maine will not be threatened by the president’s threat.” She warned that when Trump attempts to strip federal funds from Maine schools, her administration, along with the Attorney General, will “take all appropriate and necessary legal action to restore that fund and the academic opportunities it provides.”
Maine Attorney General Aaron Frey, reflecting Mills’ stance, said attempts to cut federal funds on the issue were “illegal and would directly violate federal court orders.” He further denounced the administration’s actions, saying “It’s intrusive for President Trump to use children as pawns when moving forward with his political agenda.”
Meanwhile, the Department of Health and Human Services (HHS) and the Department of Agriculture (USDA) have also launched an investigation of Maine agencies into state non-violation of Trump’s anti-trans executive order. However, according to Politico, legal thresholds for proving civil rights violations are high, with federal funds not being revoked from schools and educational institutions in decades.
Trump’s anti-trans executive order complicates the US’s role as hosting the Olympics next summer, as it limits visas for transgender female athletes from other countries. In compliance with Trump’s anti-trans sports ban, Secretary of State Marco Rubio recently issued an order that is in effect across all diplomacy and consulate posts.
Transgender activist and journalist Erin Reid describes the new policy as “one of the most surprising escalations in the ongoing attacks on transgender rights.” She reported that the policy is framed as a measure to restrict transgender athletes from travelling to the US, but one provision is very broad and could affect all transgender visa applicants. This provision states that “all visas must reflect the gender of the applicant at birth” and is responsible for the authority to deny visas on the basis of a “reasonable suspicion” that a person may be transgender.
“What began with a state-level ban on renewal of gender markers in driver licensing has now expanded to a nationwide travel ban for foreign trans entrants who are now seeking visas and strict restrictions on those seeking to leave the country,” she warned.
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