USDA Settles Lawsuit by Maine Over Child Nutrition Funding

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The Department of Agriculture agreed to stop blocking federal funds for nutrition programs for 172,000 children in the state of Maine in return for the state dropping its lawsuit against the agency.

USDA retaliated against a state law that allows transgender athletes to participate on girls’ sports teams by freezing $3 million in federal funding for child nutrition. Maine Attorney General Aaron Frey sued against the action on the grounds that the freeze was unlawful and didn’t adhere to required procedures.

In March, federal District Court Judge John Woodcock granted a temporary restraining order against the freeze, indicating Maine was likely to prevail when the full case was heard.

Rollins’ letter to Mills followed a series of actions taken by several federal agencies over Maine’s alleged noncompliance with President Donald Trump’s Feb. 5 executive order that bans transgender athletes from participating in girls and women’s sports.

The Maine Human Rights Act bans discrimination on the basis of gender identity. Two transgender high school athletes in Maine competed in girls’ sports last year. In a February meeting of governors at the White House, Donald Trump publicly demanded that Maine Governor Janet Mills ban transgender athletes in girls’ sports to comply with his executive order. She replied that she would comply with state and federal law. He has been targeting Maine for punishment ever since, especially by cutting off federal funds from various executive agencies.

Settlement with the USDA has no effect on a federal lawsuit underway against the Maine Department of Education which alleges Title IX violations.

Federal targeting of Maine has prompted Minnesota to file a preemptive lawsuit against federal government in defense of its state law similar to Maine’s Human Rights Act and gender identity protections. Minnesota and California have received written warnings from Attorney General Pam Bondi alleging Title IX violations.

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