Independent Women Urges Maine Joint Committee on Judiciary To Stand With Women and Pass LD 868 Out of Committee

Legislature Must Define “Woman,” Protect Women’s Sports and Spaces

AUGUSTA, ME — Today, Independent Women urges Maine legislators to take a committee vote on Legislative Document No. 868 (LD 858), which would codify sex-based definitions into law and ensure fairness and safety in women’s sports and spaces in secondary and postsecondary schools. Independent Women issued more than a dozen testimonies from legal and sports experts in support of LD 858.

This bill, modeled off Independent Women’s Stand With Women Act, would codify definitions for “woman,” “man,” “female,” and “male” in state law and bring Maine in compliance with federal law to preserve women’s sports for women only and protect other single-sex spaces. 

Maine Governor Janet Mills and the Maine Department of Education have violated Title IX by openly refusing to comply with federal law meant to protect women’s sports. Subsequently, the U.S. Department of Justice filed a civil lawsuit against the Maine Department of Education for failing to ensure women’s sports remain for women only. LD 868 would ensure Maine law aligns with federal policy and upholds the original meaning of Title IX.  

LD 868 was introduced by Rep. Elizabeth M. Caruso (R-Caratunk). If signed into law, it will:

  • Prevent males from playing in women’s sports through college;
  • Apply clear biological definitions of the two sexes across all Maine laws;
  • Ensure single-sex spaces like school locker rooms and sleeping quarters on school trips are designated based on biological sex, safeguarding students’ privacy;
  • Protect all Maine schools and colleges that follow the law from any retaliation; and
  • Provide a legal remedy for girls and women who are harmed by violations of the law, upholding the original intent of Title IX to preserve opportunities for female athletes to excel without having to unfairly compete against males.

Recent polling by Independent Women (SOURCE: Wick Insights – n1,050 January 24-28, 2025) reflects broad public support:

  • 83% of voters agree that, when it comes to athletics, there are important reasons to separate the sexes.
    • 80% of Independent voters agree that, when it comes to athletics, there are important reasons to separate the sexes.
    • 78% of female voters agree that, when it comes to athletics, there are important reasons to separate the sexes.
    • 76% of Democrat voters agree that, when it comes to athletics, there are important reasons to separate the sexes.

Riley Gaines, in her testimony submitted to the Maine Joint Committee on Judiciary, said: 

“I urge you to pass LD 868, stand with the nearly 700,000 women and girls in Maine, and bring Maine in line with federal executive action to define the sexes and join 16 other states who have done the same. It’s time Maine defines what a woman is and protects its female athletes.”

Payton McNabb, ambassador at Independent Women, in her testimony submitted to the Maine Joint Committee on Judiciary, said: 

“Women deserve to compete on a level playing field without fear of injury. I may be one of the first to come before you with an injury, but I can assure you I will not be the last if we don’t protect female athletes. This is why it is crucial that you pass LD 868 to prevent other women from suffering from injuries such as my own. LD 868 goes even further by defining sex-based terms and protecting other single-sex spaces.”

Independent Women Legal Advisor Beth Parlato, in her testimony submitted to the Maine Joint Committee on Judiciary, said:

“Similar legislation as LD 868 has received bipartisan support across the United States. Recent polling proves that Americans overwhelmingly agree that Maine has an important governmental interest in preventing sex discrimination and preserving single-sex spaces and opportunities. But we cannot fight sex discrimination if we cannot define ‘sex.’”

Kim Russell, ambassador at Independent Women, in her testimony submitted to the Maine Joint Committee on Judiciary, said: 

“If passed into law, LD 868, which matches the president’s executive order to define ‘sex,’ would protect women’s hard-earned rights—including our right to privacy and our right to not be subjects of sex-discrimination. By defining common sex-based words—words like ‘woman’ and ‘female’ already used in Maine statutes—this bill will safeguard female private spaces from attack by those who seek to manipulate the definition of words to achieve policies that lack political support.”

Testimony in support of LD 868 was also submitted by:

  • Amie Ichikawa, an Independent Women ambassador, former inmate at Central California Women’s Facility (CCWF), and founder of Woman || Woman; 
  • Allison Coghan, an Independent Women ambassador and Westenbroek v. Kappa Kappa Gamma plaintiff; 
  • Madisan DeBos, a cross-country and track athlete at Southern Utah University whose relay team during the 2020 season lost to a team that included a transgender-identifying male athlete; 
  • Hannah Holtmeier, an Independent Women ambassador and Westenbroek v. Kappa Kappa Gamma plaintiff; 
  • Maddie Ramar, an Independent Women ambassador and Westenbroek v. Kappa Kappa Gamma plaintiff;
  • Jaylyn Westenbroek, an Independent Women ambassador and Westenbroek v. Kappa Kappa Gamma plaintiff;
  • Cynthia Montelone, an Independent Women ambassador and world champion track athlete who specializes in the 400-meter. At the 2018 World Masters Athletics Championships in Málaga, Spain, Monteleone competed against Yanelle Del Mar Zape, a transgender-identifying male athlete from Colombia;  
  • Linnea Saltz, an Independent Women ambassador and record-breaking track athlete who had to compete against a male athlete at Southern Utah State University;
  • Dana Fall, an Independent Women ambassador and professional golfer featured in IW Features’ “Tee Time: Keep Women’s Golf Female series; and
  • Amy Olson, an Independent Women ambassador and 10-year LPGA Tour veteran featured in IW Features’ “Tee Time: Keep Women’s Golf Female” series. 

Independent Women has been a leading advocate in the fight to preserve women’s sex-based rights and to protect women’s sports, helping to pass legislation to define “male” and “female” terms in 16 states and supporting the passage of fairness in women’s sports laws in 27 states, positively affecting the lives of over 78 million women and girls.

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