Maine town allows biological boy to play on youth girls’ basketball team under Human Rights Act

A biological 8-year-old boy is allowed to compete on a girl’s youth basketball team under Maine law, a town select board ruled in a 3-2 vote Tuesday.

A coalition of parents from St. George – a coastal town in southcentral Maine – submitted a letter Nov. 3 to the town’s select board, expressing “deep concern” over the presence of a male on the third- and fourth-grade girls’ basketball team.  

“For some of us, we do not feel comfortable having our daughters participate under the current structure,” the letter states. “This is not a decision made from anger or disrespect toward anyone – but out of love and protection for our child’s well-being.” 

The parents said they understand Maine’s laws on nondiscrimination against transgender identity but believe the policy has created “an uncomfortable situation for many families,” who now must guide their very young children “through sensitive topics.” 

“We respectfully ask that the Board and the recreation department take time to consider how these policies impact all the children involved, not just one,” the letter continues. “There must be a way to prioritize inclusivity while also protecting the comfort, privacy, and developmental readiness of every participant.” 

The five-member board met Tuesday to hear residents’ remarks and vote on whether to disregard Maine’s Human Rights Act that prohibits discrimination against gender identity.  

Before opening the floor to residents, the board heard from Colin Hurd, deputy commission counsel for the Human Rights Commission, who explained the meaning of Maine’s HRA. 

“Under the Maine Human Rights Act, it’s illegal to prevent a person from playing sports on the team of their gender identity solely because their sex assigned at birth is different than the people that they will be playing with or against,” he said. “Furthermore, under the same provision, it’s illegal to prevent a person from using the restroom or locker room that most closely corresponds with their gender identity.” 

Nearly 200 people attended the Tuesday night meeting, according to town manager Brandon Leppanen. For more than an hour, St. George residents testified on the implications Maine’s HRA has regarding male and female sports.  

Town resident Jillian Thompson called the debate a “life and death issue” and cited the rate of suicide among LGBTQ youth, which she says is four times higher than other children. 

But another unidentified woman discussed the purpose behind the creation of women’s sports and the meaning of nondiscrimination in that context.  

“This policy is also built on biological reality, which informs how strength, speed and size develop, to ensure genuine fair play, where the outcome is divided by training and effort,” she said. “Allowing individuals designated male at birth on the girls’ team, even pre puberty, undermines the very reasons the separate category was established – to guarantee access and opportunity for female athletes.” 

Jesse Barkey argued the nondiscrimination policies “are not new,” that “transgender athletes are not new” and the town should not exclude “kids from playing with their friends.”  

Chris Austin, who is running to represent Maine’s 43rd district that includes St. George, countered, saying non-discrimination under Title IX is “rooted in history” but the phrase “on the basis of sex” has been “twisted.” 

“Title Nine was written for women to protect girls from being excluded because of their biological sex,” Austin said. “It wasn’t meant to erase the difference. It was meant to protect it.” 

Austin said his own young daughter has lost the opportunity to play on an all-girls’ team and the state policy is elevating one child above all other children.   

“This is not about exclusion. It’s about fairness,” Austin said. 

Another resident, Tamara Cody, agreed, saying testimonies only emphasized the feelings of one child and ignored the discomfort and fear of many other children on the team. 

“I don’t want to see exclusion,” she said. “I want to see reality – biological sex. I want to see girls and women feeling safe.”  

St. George resident Chip Skinner said his duty as a father is to protect his daughter, who was nearly followed into the girls’ bathroom by a biological male claiming to be transgender. He suggested a co-ed team as a solution, saying girls should not be forced to play with boys.  

Another resident, who did not give his name but said he has played and coached many athletics in St. George, also recommended a co-ed team solution.  

“I think, for me, the solution is to develop a stronger co-ed program here that allows something to happen for everybody,” he said. “I still think you need to have something for the girls, something for the boys.” 

Rep. Ann Matlack, D-St. George, petitioned the board to “follow the rules of the state.”  

“I would like for the select board to vote in favor of adhering to the state law and not discriminate against a child,” she said. 

With the conclusion of public comment, board chair Jane Conrad referenced the recent eight bills intended to alter the transgender policy statewide – all of which were rejected. She said St. George should “follow the law” and asked the rest of the board for their comments.  

Two board members agreed, but Tammy Wiley said “it’s not fair to girls” and called for the creation of a separate team. Brian Morse also disagreed with the law, saying Title IX was created to protect women’s sports. 

“I do believe that our state laws are discriminatory against biological girls and women and believe they are entitled to their own teams and own space,” he said. 

Leppanen said “some families have removed their kids from the program, some have remained,” and some have not yet responded. Board members declined to give additional comments to The Lion.