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Lauren Jacobs is a former president of the boards of the Maine Women’s Lobby and Maine Women’s Lobby Education Fund. She is a resident of Old Town.
On the face of it, the heated exchange last month between President Donald Trump and Gov. Janet Mills and subsequent fallout appears to be about transgender athletes. The heated exchange was, in fact, about much more and the fallout affects every Mainer. I’ve found myself wanting to shout from the rooftops: “It’s not about transgender athletes!”
Republicans currently hold the majority in both the U.S. House and Senate, so if they wanted to put forward a bill regulating transgender athletes they could easily do so. But that is not what they have done.
Instead, the president is asserting that executive orders have the full force of law (which they do not), is demanding that Maine bend to his will while breaking our own laws and constitution (something a president cannot simply demand), and is attempting to singlehandedly push a novel interpretation of Title IX. This interpretation would change the essential nature of the law without going through the legislative process.
These are all a wild overreach of executive branch power, and the retaliatory acts following Mills’ defiance adds to that overreach including the withholding of federal funding to Maine (likely in violation of the Impoundment Act) and multiple sham “investigations” into the University of Maine and other institutions.
While Trump takes a sledgehammer to the federal government, every individual and organization will have to decide for themselves how, or if, to react to the administration’s actions. On one end of the spectrum, we could roll over completely and acquiesce to every demand, even those that are illegal or immoral. On the other end of the spectrum, we could stick our necks out and risk the potential significant impacts of Trump’s wrath and acts of retribution. (Of course, there are many other options somewhere in the middle ground, like eloquently speaking out via a ski conditions report on the day Vice President JD Vance visits your local mountain.)
In my opinion, the first option is not justifiable. But at this time in our country, the risks of the second option are real, and one should only choose that path when the consequences of not doing so would be more grievous. That is exactly what I believe Mills has done. The risks of not standing up for the Constitutions (both state and U.S.) and for the rule of law would, indeed, be grievous.
I have heard people say that Democrats need to stop “dying on the hill” of transgender rights. But Mills is not dying on that hill. She is standing on the hill of protecting the U.S. and the state Constitutions. (For the record, I would also happily stand on the hill of protecting everyone’s civil rights.)
We Mainers have a long history of being independent and standing up for what’s right. We also have a long history of being grumpy when the federal government tries to push us around. Now is the time to summon our moxie and stand proudly on the hill opposing threats to states’ rights, the rule of law, and our constitutions. I will stand on that hill with Mills, and I urge all Mainers to join us.
