Conservatives to fund defense of schools challenging Maine's transgender policies

A leading national conservative organization is stepping in to finance the legal defense of Maine school districts that are defying state regulations by restricting transgender students from participating in sports and accessing gender-aligned private facilities.

Alliance Defending Freedom, a conservative legal advocacy group, has committed to covering legal costs for lawsuits filed last month by the Maine Human Rights Commission, according to Shari Ouellette, chair of the Livermore Falls-area school board. Ouellette informed fellow board members on Thursday that she was nearly certain the funding would be available.

The announcement appeared to influence the Regional School Unit 73 boards decision to maintain their policy. At Thursdays meeting, the board, which holds a conservative majority, voted 9-4 to continue opposing the states protections for transgender students. Ouellette mentioned that board members from RSU 73 and other affected districts had coordinated via Zoom to discuss their legal strategy.

The districts regular counsel, Drummond Woodsum, had previously advised against implementing the policy in August. Following the vote, board members entered executive session to consult Jack Baldacci, a lawyer from the conservative firm Steve Smith Trial Lawyers, who is also the son of former Governor John Baldacci. Baileyville School District in Washington County, another district facing a lawsuit, has already decided to hire the same firm.

Maines disputes over transgender student policies extend beyond local school boards. Earlier this year, the Trump administration filed a lawsuit against the state, challenging the applicability of state transgender protections under Title IX, the 1973 federal civil rights law. That case is expected to reach a decision by late 2026. Additionally, a U.S. Supreme Court case originating from Idaho could have implications for how federal civil rights law interacts with state policies regarding transgender students, with oral arguments scheduled next month.

Details on how the legal defense fund will operate remain unclear, including whether school boards must formally approve the acceptance of external funding for legal representation. The potential costs were a primary concern for liberal board members and public commenters at RSU 73s meeting, many of whom were unaware of the outside funding option. Anne Wetherbee of Jay criticized the board, noting that the policy had already been predicted to result in litigation and questioning the need for additional legal expenses.

Even after learning that the legal fees might be covered, some board members expressed doubt. Phoebe Pike highlighted the uncertainty surrounding the funding plan, calling the decision a risky gamble instead of focusing resources on student needs.

Author: Gavin Porter