I have two granddaughters who may want to play in school sports when they are a little older. Title IX is a federal law designed to create safe, fair and equal athletic opportunities for girls and women in educational settings that receive federal funds. RSU 21 receives federal funds.

Title IX preserves sex-based distinctions for sports since it is widely recognized that boys in general have a competitive advantage over girls in athletics. Sex is defined by U.S. policy as “an individual’s immutable biological classification as either male or female. Sex is not a synonym for and does not include the concept of gender identity.” However, Maine law prohibits discrimination in education based on gender identity which seems to now be in conflict with Title IX federal law.

There is legal opinion that Title IX federal law preempts conflicting state law and schools are relieved of their obligation to comply with them. Additionally, following state law may subject RSU 21 to liability at the federal level.

It is my hope that the RSU 21 School Board will enact a policy consistent with Title IX clarifying that female athletic teams or sports are designated only for biological girls. Doing so will provide the best opportunity for athletic fairness and safety for girls and eliminate liability for disobeying federal law.

Tom Moyer

Kennebunk