The Maine Department of Education (MDOE) has declared that it will not enforce President Trump’s recent executive order recognizing only two genders—male and female. The department clarified that the order is limited to federal agencies and does not override state law or policies adopted by local school boards.
In a public statement released Friday, MDOE reaffirmed its commitment to the Maine Human Rights Act (MHRA), which upholds protections for individuals based on a wide range of categories, including gender identity and expression. The department emphasized that schools in Maine are expected to follow these established state laws, which ensure equal rights for all students and staff.
Maine Human Rights Act Remains the Standard
The Maine Human Rights Act serves as the foundation for inclusivity and protection within the state. Under this law, discrimination is prohibited based on:
- Race
- Color
- Ancestry
- National origin
- Sex
- Sexual orientation (including gender identity and expression)
- Physical or mental disabilities
- Religion
- Age
Additionally, the MHRA forbids retaliation against individuals who assert their rights under these protections. According to MDOE officials, the Act reflects the state’s long-standing commitment to equality and fairness in education and other public spheres.
Legal Experts Push Back on Federal Order
Mary Bonauto, a civil rights lawyer with GLAD (GLBTQ Legal Advocates & Defenders), responded to the executive order by reassuring the public that its reach is limited.
“Executive actions, like an order, do not have the authority to override the U.S. Constitution,” Bonauto explained. She further highlighted that federal laws, state laws, and legal precedents are robust safeguards against the sweeping changes suggested by such orders.
“Checks and balances are in place,” she continued. “Maine law remains Maine law. Everyone—whether they are employers, educators, or policymakers—needs to ensure that their actions align with the legal protections guaranteed by state legislation.”
Federal Implementation Sparks Controversy
Despite its limited application, the executive order has already seen implementation within federal agencies. For instance, Secretary of State Marco Rubio instructed the State Department to freeze passport applications from individuals who marked “X” as their gender identifier.
This decision has drawn criticism from advocates for gender inclusivity, who argue that it creates unnecessary hurdles for non-binary and gender-diverse individuals seeking essential documentation.
Maine’s Commitment to Equality
The Maine Department of Education’s refusal to enforce the executive order reinforces the state’s commitment to protecting the rights of all individuals, regardless of gender identity or expression. By adhering to the Maine Human Rights Act, the state ensures that its schools and communities remain inclusive spaces where diversity is celebrated.
This stance also sends a clear message to residents: Maine’s values and laws will not be undermined by federal actions that contradict the state’s principles of equality and justice.
Moving Forward
While the federal executive order has raised concerns, Maine’s response serves as an example of how state-level protections can counteract potentially discriminatory policies. The commitment to upholding the Maine Human Rights Act demonstrates the importance of localized efforts to safeguard civil rights and inclusivity.
As debates surrounding gender identity and expression continue on a national scale, Maine remains a leader in promoting equality, ensuring that its policies reflect the values of its diverse population.
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