Maine Birth Certificate Sex Requirement for Public School Sports Initiative (2026)

Maine Birth Certificate Sex Requirement for Public School Sports Initiative
Election date November 3, 2026
Topic Athletics and sports and LGBTQ issues
Status Certified to the legislature
Type Indirect initiated state statute	Origin Citizens

The Maine Birth Certificate Sex Requirement for Public School Sports Initiative may be on the ballot in Maine as an indirect initiated state statute on November 3, 2026.

Overview

What would the initiative do?

See also: Text of measure

The ballot initiative would require that public school sports teams designated for girls or boys be limited to students of the corresponding sex, as recorded on their original birth certificate. The ballot initiative would also require public schools to maintain separate restrooms, locker rooms, shower rooms, and other private spaces for each sex.

Schools would be required to designate athletic teams as male, female, or coeducational. Girls would be allowed to participate on male-designated teams when no female-designated team is available for that sport.

The ballot initiative would allow students who are denied athletic opportunities or suffer direct injuries due to violations of the initiative to bring a civil action for injunctive relief, damages, and attorney’s fees against a school or the organization that governs interscholastic or competitive school sports.

Text of measure

Full text

The ballot initiative would amend the Maine Revised Statutes. The following underlined language would be added and struck-through language would be deleted:

Note: Use your mouse to scroll over the text below to view the ballot language.

Sec. 1. 5 MRSA §4602, sub-§5, as enacted by PL 2021, c. 366, §19, is amended to read:

5. Application. Nothing in this section:

A. Requires an educational institution to provide separate athletic or other extracurricular programs to serve a person with a physical or mental disability;

B. May be construed to affect the rights of a person with a physical or mental disability to special education programs under state or federal law;

C. Requires a religious corporation, association or society that does not receive public funding to comply with this section as it relates to sexual orientation or gender identity; or

D. Requires an educational institution to participate in or endorse any religious beliefs or practices; to the extent that an educational institution permits religious expression, it cannot discriminate between religions in so doing.; or

E. May be construed to conflict with the provisions of Title 20-A, section 4017.

Sec. 2. 20-A MRSA §4017 is enacted to read:

§4017. Participation in interscholastic and competitive sports; privacy in facilities

1. Short title. This section may be known and cited as "the Protect Girls' Sports in Maine Act."

2. Definition. For the purposes of this section, “sex” means a person’s biological status as male or female recorded at birth on the person’s original birth certificate.

3. Designation of athletic teams. A public school subject to this Title, or an entity that governs interscholastic or competitive sports by public schools in the State, shall expressly designate athletic teams as one of the following:

A. “Males,” “boys” or “men”;

B. “Females,” “girls” or “women”; or

C. “Coeducational” or “mixed.”

4. Eligibility. The following provisions govern eligibility.

A. Athletic teams designated for females, girls or women must be restricted to students whose sex is female.

B. Athletic teams designated for males, boys or men must be restricted to students whose sex is male.

C. Athletic teams designated as coeducational or mixed must be open to all eligible females and males.

D. A female student may participate on an athletic team designated for males, boys or men if no athletic team designated for females, girls or women is available in that sport.

5. Privacy in facilities. A public school shall 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.

6. Construction with Maine Human Rights Act. Separation of athletic teams and private spaces by sex under this section does not constitute unlawful discrimination under Title 5, chapter 337.

7. Americans with Disabilities Act protections. Notwithstanding any other provision of this section to the contrary, 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, 42 United States Code, Section 12101 et seq.

8. Civil enforcement. A student who is deprived of an athletic opportunity or suffers direct injury because of a violation of this section may bring a civil action for injunctive relief, damages and attorney’s fees against a school or entity.

Sec. 3. Effective date. This Act takes effect January 1, 2027.

Support

Protect Girls Sports in Maine is leading the campaign in support of the ballot initiative. Petitioners named the ballot initiative the Protect Girls' Sports in Maine Act.

Supporters

Officials

• U.S. Sen. Susan Collins (R)
• Augusta School Board Member James Orr (Nonpartisan)

Former Officials

• Gov. Paul LePage (R)
• State Rep. Heidi Sampson (R)

Political Parties

• Republican Party of Maine

Organizations

• Maine Girl Dads

Individuals

• Richard Uihlein - CEO of Uline Corporation

Arguments

• Protect Girls' Sports in Maine: "The truth is, males are currently in female sports, taking female trophies, and invading female safe spaces (like locker rooms and bathrooms). This is not a far away concept; it is happening right here in Maine. Concerned parents have brought these issues to their school boards, but the Maine Principal’ Association and State Legislature have failed to act. It’s now time that we – as citizens of this great state – decide for ourselves what we want for our kids."
• Kristina Parker, communications director of the Maine Republican Party: "Maine's Democrat legislature and governor has refused to comply with Title IX and has forced the hand of Mainers to take upon the task. Many claim that only a handful of trans athletes doesn't matter, however there are thousands of female athletes who desire equal and uniform standards. It affects all of us. We want everyone to be safe and be able to play a fair game."

Opposition

Campaign for Free and Fair Schools is leading the campaign in opposition to the measure.

Opponents

Officials

• Gov. Janet T. Mills (D)

Candidates

• Graham Platner (D) - Candidate for U.S. Senate

Organizations

• American Academy of Pediatrics, Maine Chapter
• Equality Maine
• GLAD Law
• Maine Council on Aging
• Maine Women's Lobby

Arguments

• Destie Hohman Sprague, executive director of Maine Women’s Lobby: "This is not a Maine-based problem. This is a national agenda where they have identified a really targeted community that they can use to exclude the rest of us. My biggest worry is what it is going to look and feel like to have children’s bodies and what’s under their clothes dissected by people in the public for a full year."
• Gia Drew, executive director of Equality Maine: "There are significant challenges to ensuring our public schools are funded and prepare young people to become productive adults in a wonderfully diverse global world, but singling out a marginalized group of children is beyond reproach and not part of the solution. In fact doing so makes schools less welcoming and safe for all kids."
• Gov. Janet Mills (D): "I would not support a ballot measure that demonizes children and demonizes and uses as a political ploy, as the Republicans have done, the right-wing Republicans have done, with this kind of initiative. It targets some of the most vulnerable people in our society."

Campaign finance

See also: Ballot measure campaign finance, 2026

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through January 15, 2026. The deadline for the next scheduled reports is April 28, 2026.

Protect Girls Sports in Maine and Safeguard Girls Sports registered as the committees in support of the measure. As of January 15, 2026, no committees had registered in opposition to the measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$800,000.00	$0.00	$800,000.00	$790,100.00	$790,100.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$800,000.00	$0.00	$800,000.00	$790,100.00	$790,100.00

Support

The following table includes contribution and expenditure totals for the committee in support of the measure.

Committees in support of Birth Certificate Sex Requirement for Public School Sports Initiative
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Safeguard Girls Sports	$800,000.00	$0.00	$800,000.00	$790,100.00	$790,100.00
Protect Girls Sports in Maine	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$800,000.00	$0.00	$800,000.00	$790,100.00	$790,100.00

Donors

The following is the top donor who contributed to the support committees.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Richard Uihlein	$800,000.00	$0.00	$800,000.00

Background

Recent developments of sports eligibility requirements based on sex in Maine

Maine Legislative Document 1688 (2021)

In 2021, the Maine State Legislature approved Legislative Document 1688 (LD 1688). LD 1688 amended the state's Human Rights Act. It added language stating that no person could be denied equal opportunity in an athletic program based on their sexual orientation or gender identity. Previously, the Human Rights Act only stated that no person could be denied equal opportunity in an athletic program based on their sex. No vote totals were recorded in the state House. In the state Senate, 22 Democrats voted for the bill and 13 Republicans voted against it.

Maine Principals' Association gender identity participation policy

The Maine Principals' Association (MPA) governs interscholastic athletics in Maine. In 2024, the MPA updated its gender identity participation policy. The updated policy allows any student to participate on a team that corresponds with their gender identity without supplying medical records or official documents to school administrators. Before 2024, the MPA's gender identity participation policy required that students that wished to participate on an athletic team that does not align with the sex on their birth certificate appear before a committee to obtain permission to do so.

Executive Order 14201

See also: Executive Order: Keeping Men Out of Women’s Sports (Donald Trump, 2025)

On February 5, 2025, President Donald Trump (R) signed an executive order stating that it is the "policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth." The executive order defined male and female as they are written in Executive Order 14168.

On February 21, 2025, at a White House luncheon, President Trump told Gov. Janet Mills (D) that if Maine did not comply with the requirements in Executive Order 14201, the federal government would rescind federal funding from schools and athletic associations in Maine.

On March 19, 2025, the U.S. Department of Education released a letter stating that the Maine Department of Education has interpreted state laws "in a way that conflicts with Title IX to the detriment of female student-athletes in violation of Title IX." That same month, the U.S. Department of Health and Human Services issued a similar notice to the state of Maine. Both agencies stated that if Maine did not change its athletics policies, it would lose federal funding for athletics programs.

In May of 2025, NBC News announced that President Trump and Maine Attorney General Aaron Frey (D) had reached an agreement surrounding the restriction of federal funding. The President agreed to halt efforts to freeze funds intended for a child nutrition program and the Attorney General agreed to drop a lawsuit against the U.S. Department of Agriculture.

Sports eligibility sex requirements ballot measures, 2026

See also: Ballot measures related to sports eligibility requirements based on sex, 2026

Ballotpedia is tracking five ballot measures related to sports eligibility requirements based on sex.

Qualified

Two measures in Colorado and Washington that address transgender sports participation have qualified for statewide ballots in 2026.

State	Type	Title	Description
CO	CISS	Sex Requirement for School and College Sports Initiative	Require all K-12 and collegiate school sports teams to be separated based on biological sex, unless the team is co-ed
WA	IndISS	Sex Verification Requirements for Female School Sports Initiative	Require school and voluntary nonprofit athletics to prohibit biologically male students from competing with and against biologically female students

Colorado

Washington

Colorado Require Separate Teams Based on Biological Sex or Co-Ed Teams for School Sports Measure

The initiated state statute would require all K-12 and collegiate school sports teams to be separated based on biological sex, unless the team is co-ed. It was filed by Protect Kids Colorado. It was cleared for gathering signatures on August 25, 2025. The deadline to submit signatures was February 20.

On March 16, 2026, the Colorado Secretary of State certified the initiative for the ballot.

Support

Protect Kids Colorado's campaign website says, "Bigger, stronger biological males are invading girls' sports in Colorado, taking away our girls' dignity, safety, and opportunity. Our ballot measure ensures girls' sports are protected, requiring sports leagues and teams be specifically designated male, female, or co-ed. Because girls' sports in Colorado should be for girls. That's it."

Opposition

Z Williams, co-director of the Denver nonprofit Bread and Roses Legal Center, said, "The number of trans athletes is incredibly small, and the number of gender-affirming surgeries done for transgender youth or minors is even smaller. We have two ballot measures … that are going to require hundreds of thousands of dollars, waste a lot of time, create a lot of confusion during the election over two pretty much manufactured issues.”

Washington Limit Participation in Female Sports to Students Verified as Biologically Female Initiative

The initiative to the Legislature would require schools and voluntary nonprofit athletics to prohibit biologically male students from competing with and against biologically female students in an athletic competition if the activity has separate classifications for male and female students. These requirements would apply to individual and team competitions. The initiative would require that a student athlete's biological sex be verified by their health care provider, "relying only on one or more of the following: The student's reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels."

Let's Go Washington is leading the campaign in support of the ballot initiative. It was filed and cleared for signature gathering in June 2025. The campaign submitted 445,187 signatures on January 2, 2026. On January 22, the secretary of state announced the petition met the signature requirement and certified it to the legislature.

The Washington State Legislature did not act on the ballot initiative before the legislative session ended on March 13, 2026, certifying the initiative for the ballot.

Support

Ahnaleigh Wilson and Frances Staudt, two high school athletes in Washington, said, "Biological men are competing in girls’ sports in Washington State, and it’s destroying fairness in girls’ sports. Title 9 created opportunities for women and girls to compete in sports, and those opportunities are being erased. As [two] female athletes who have been directly impacted by boys competing in girls’ sports, we are standing up for all 110,000 girls playing sports in Washington state middle and high schools. We’re too young to vote, but old enough to use our voice. We need moms, dads, grandparents, brothers and sisters to have the courage to stand up and protect fairness in girls’ sports."

Opposition

Washington Families for Freedom, the campaign registered in opposition to the initiative, said, "[T]his poorly designed initiative ultimately could put some girls at greater risk by subjecting them to invasive genital exams just to play on an after-school team. We should not impose a blanket ban that eliminates case-by-case solutions and distracts from affordability, housing, and other real problems facing Washingtonians."

Potential

Three ballot initiatives are in the process of qualifying for the ballot in Nevada, Maine, and Nebraska. All three measures would require sport participation based on sex, unless a team is co-ed.

State	Type	Title	Description
ME	IndISS	Birth Certificate Sex Requirement for Public School Sports Initiative	Require that public school sports teams designated for girls or boys be limited to students of the corresponding sex, as recorded on their birth certificate
NE	CICA	Sex Requirement for School and College Sports Amendment	Require schools designate sports team as male, female, or co-ed and prohibit male participation on female sports teams
NV	CICA	Biological Sex Requirements for School Sports Programs Amendment	Require that eligibility for sports or athletic competitions in public schools and colleges is based upon the biological sex of the athlete recorded at birth rather than gender identity or gender expression, and that biological males are not permitted to participate in a sport or competition designated for biological females

Path to the ballot

Process in Maine

See also: Laws governing ballot measures in Maine

An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. There are nine (9) states that allow citizens to initiate indirect state statutes.

While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide.

In Maine, the number of signatures required for an indirect initiated state statute is equal to 10% of the total votes cast for governor in the last gubernatorial election prior to the filing of such petition. As an indirect process, the Legislature has until the end of the legislative session to approve the initiative after signatures are certified. If the legislature approves the initiative and the governor approves it, the measure becomes law. If the legislature does not approve the initiative, or if the governor vetoes the measure, it goes to voters for approval. A simple majority vote is required for voter approval.

The requirements to get an initiated state statute certified for the 2026 ballot:

• Signatures: 67,682 valid signatures were required.
• Deadline: The deadline to submit signatures was February 2, 2026.

Stage of this ballot initiative

The following is the timeline of the initiative:

• November 4, 2025: The initiative petition was approved for signature gathering. Leyland John Streiff filed the petition.

• January 11, 2026: Protect Girls Sports in Maine reported that the campaign had gathered more than 78,000 signatures.

• February 2, 2026: Protect Girls Sports in Maine submitted more than 82,000 signatures in support of the measure.

• March 17, 2026: Secretary of State Shenna Bellows announced that her office had reviewed the 79,692 signatures submitted by Protect Girls Sports in Maine. She stated that they had certified 71,033 valid signatures and 8,659 invalid signatures. As such, the measure was certified to go before the state legislature.

External links

• Maine An Act to Designate School Sports Participation and Facilities by Sex (2026)

See also

2026 ballot measures

View other measures certified for the 2026 ballot across the U.S. and in Maine.

• 2026 ballot measures
• Maine 2026 ballot measures
• Maine elections, 2026

Maine ballot measures

Explore Maine's ballot measure history, including citizen-initiated ballot measures.

• List of Maine ballot measures
• LGBTQ issues ballot measures
• Athletics and sports ballot measures
• Maine State Legislature

Initiative process

Understand how measures are placed on the ballot and the rules that apply.

• Initiated state statute
• Maine Constitution

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