Maine FIGHTS Trump Over Trans Athlete Ban — Who’s Right?

President Trump’s executive order banning transgender girls from competing in women’s sports has sparked a major legal battle with the state of Maine. Maine says it’s protecting trans students from discrimination — Trump says he’s protecting fairness in women’s sports. So who’s right, and what does the Constitution actually say? In this video, we break down the legal arguments, the meaning of protected classes, and what’s really at stake. You decide.

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*This transcript was generated by a third-party transcription software company, so please excuse any typos.

Recently Trump signed an executive order banning transgender female athletes from competing on girls' sports teams. This led to a dustup and now lawsuit between the governor of Maine, Janet Mills and President Trump. The state of Maine considers someone who associates with a gender that is different than what they were assigned at birth to be part of a protected class. This means any actions that discriminate against trans people, much like against any person because of their race, religion, color, or disability can be deemed unlawful. In Maine, the idea of a protected class comes from the ideals we were founded on, as well as our laws. As a nation that is supposed to safeguard the rights and liberties of every citizen, we have passed constitutional amendments, written laws, and interpreted those laws to make sure classes of people that were historically discriminated against could no longer be for a more full understanding of equal protection law. You can check out my other videos on the subject.

Now, in Maine, the main principles association allows for transgender athletes to participate in sports based on the gender they identify with. The Trump administration says, allowing transgender women to participate in women's sports is prohibited by Title IX because that law does not allow sex-based discrimination. They say allowing transgender women to compete denies equal protection for biological women because they can lose their spot on the team to the trans athletes. They also claim there is no discrimination of trans students because they can still compete in sports just on teams dedicated to their biological sex. Supporters of Maine's law say that title IXs prohibition on sex-based discrimination actually encompasses transgender athletes, and so is in line with the state law. They say to deny the transgender athletes the ability to compete with their friends is discrimination outlawed by Title ix. They say Cisgender students have the right to play in the sport that matches their identity, and trans children should be given that same, right?

The Supreme Court has not addressed this issue specifically, but likely it would consider what right is at stake and who is being affected. Is the right to play in the sport of your chosen identity of fundamental right? If so, it requires more protection than if not, or should we question whether the right to play a sport with individuals of the same Biological sex is a fundamental right. Additionally, the court might discuss if transgender individuals should be considered a quasi suspect class. That's just a legal term. That means they deserve more protection than other classes of people because they may have some history of being oppressed, may have insufficient political representation, or they are a group persecuted because of their

Unchangeable characteristics. The Supreme Court has said If a law discriminates based on sex, which includes gender and sexual orientation, then it must be treated as a quasi suspect class, and so any regulation that would discriminate against them would only be legal if it serves an important government purpose and is substantially related to achieving that same purpose. While the Supreme Court has established this principle, it is not uncontested. The Trump administration might argue that trans athletes are not a quasi suspect class. They'd say that trans individuals have a fluid identity, do not have unchangeable characteristics, and historically have not lacked political representation. So they would say laws restricting trans athletes from playing merely have to show it is rationally related to legitimate government interest. This is a low bar to clear and would help the administration support its encouragement of laws that ban transgender athletes under the idea that cisgender girls rights need to be safeguarded.