Maine's transgender sports initiative halted by invalid signatures

Maine's secretary of state says an initiative intended to limit transgender students’ ability to participate in sports has been removed from the ballot because of invalid signatures

PORTLAND, Maine -- A Maine initiative intended to limit transgender students' ability to participate in sports has been removed from the ballot because of invalid signatures, the secretary of state ruled Tuesday.

The proposal from parents' group Protect Girls Sports in Maine was slated to go before voters in November. It would have asked voters if they wanted to require public schools to restrict access to bathrooms and sports based on the gender denoted on a child's birth certificate.

Maine Secretary of State Shenna Bellows, who is running for governor as a Democrat, said Tuesday her staff found that more than 12,000 signatures on the petition for the referendum were invalid. That leaves the petition drive a few hundred short of the 67,682 required for the initiative to make the ballot, Bellows said.

Bellows' decision is a setback for the nationwide movement to limit or ban transgender students in sports. Maine emerged as a battleground for the issue last year following a public disagreement between Democratic Gov. Janet Mills, who is in her final year of office due to term limits, and President Donald Trump.

“We take the integrity of the petitions just as seriously as we take the security of voting. It's really important that anyone seeking to place a initiative on the ballot follow the law,” Bellows said.

The petitioners have 10 days to appeal Bellows' decision. Representatives for Protect Girls Sports in Maine did not immediately respond to a request for comment on Tuesday, but indicated last week that they would keep pushing for the initiative to appear on the ballot. The group will also have the ability to try to get the initiative on a future ballot, Bellows said.

The secretary of state's office released a recommended decision about the initiative last week that said the petition “does not meet the constitution threshold” of valid signatures. Leyland Streiff, principal officer of Protect Girls Sports in Maine, said in a statement that the group was “continuing our defense of the Protect Girls Sports ballot measure.”

At least 19 states have laws banning transgender girls and women from using girls’ and women’s bathrooms at public school, and in some cases, other government facilities, private schools or public places. Enforcement of one of the laws – in Montana – has been put on hold by a court.

At least 30 states have laws or other statewide policies that seek to keep transgender girls and women from competing in girls and women’s sports. Courts have blocked enforcement of some of the laws.

None of the laws on bathrooms or sports restrictions came about through ballot measures. Two other Democratic-controlled states – Colorado and Washington – have sports-related laws on the ballot for November.

The restrictions on both fronts have been adopted in the past five years, and have been championed by Trump. Since his return to office last year, he has terminated agreements with school districts to protect transgender students and signed an executive order to limit sports participation by transgender athletes.

Opponents of the Maine ballot initiative said Tuesday they agreed with Bellows' decision. The petitioners “failed to follow the rules,” said David Farmer, campaign manager for the Campaign for Free and Fair Schools, which opposed the question.

Mulvihill reported from Haddonfield, New Jersey.

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