Maine voters could decide this November whether public schools must designate sports participation and bathroom access based on a student’s biological sex at birth — but the fight over how that question gets worded may prove just as contentious as the vote itself.
The Maine Secretary of State’s Office has issued draft ballot language for a citizen initiative titled “An Act to Designate School Sports Participation and Facilities by Sex.” Unless the Maine Legislature acts on the measure first, it will appear before voters on November 3.
The initiative would require public schools to restrict access to bathrooms and athletic participation based on the sex listed on a student’s original birth certificate, and would give students the right to sue schools that fail to comply. (RELATED: Flip-Flop Or Political Play? Governor Mills Embraces Millionaires Tax She Once Opposed Amid Senate Primary Bid)
Under Maine law, Secretary of State Shenna Bellows — herself a candidate in the 2026 Democratic gubernatorial primary — is required to present each proposed initiative “concisely and intelligibly” as a ballot question. Her draft reads:
“Do you want to change civil rights and education laws to require public schools to restrict access to bathrooms and sports based on the gender on the child’s original birth certificate and allow students to sue the schools?”
Critics are likely to note the loaded framing. The use of the word “restrict” and the phrase “allow students to sue the schools” characterizes the initiative in terms that could prime voters against it before they’ve considered its substance — a concern conservatives have raised repeatedly about how progressive officials frame ballot measures they personally oppose.
Bellows, for her part, said she welcomes public input. “I think one of the best parts of citizen engagement in the process is that ability to think about, how do we describe these complex issues in a way that is clear, concise, and easy for the public to understand?” she said.
The initiative is already facing a legal challenge. Three petitioners have filed a lawsuit challenging Bellows’ determination that a sufficient number of valid signatures were collected to qualify the measure for the ballot. Bellows declined to comment on the pending litigation.
The combination of a contested signature count, a sitting Democratic official controlling the ballot language, and a November deadline makes this one of the most politically charged citizen initiatives in Maine in years — and one conservatives will need to watch closely at every step.
