Bill > LD2239

Introduced Session

This initiated bill requires public schools and entities that govern interscholastic or competitive sports by public schools to designate athletic teams as for males, for females or coeducational. Athletic teams designated for females must be restricted to students whose sex is female and athletic teams designated for males must be restricted to students whose sex is male. Athletic teams designated as coeducational must be open to all eligible females and males. A female student may participate on a team designated for males if no team designated for females is available in that sport. "Sex" is defined as a person's biological status as male or female recorded at birth on the person's original birth certificate. The initiated bill requires public schools to maintain separate restrooms, locker rooms, shower rooms and other private spaces for each sex. A member of one sex may not be permitted to use a facility designated for members of the opposite sex. The initiated bill provides that an individual born with a biologically verifiable disorder or difference in sex development must receive all legal protections and accommodations afforded under federal law, including the federal Americans with Disabilities Act of 1990. The initiated bill provides a private right of action for a student who is deprived of an athletic opportunity or suffers direct injury because of a violation of a provision of the initiated bill. The initiated bill provides that separation of athletic teams and private spaces by sex under the initiated bill does not constitute unlawful discrimination under the Maine Human Rights Act and that the Maine Human Rights Act may not be construed to conflict with the provisions of the initiated bill.

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On motion by Senator CARNEY of Cumberland REFERRED to the Committee on JUDICIARY and ordered printed, in concurrence. (on 03/19/2026)

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