Maine Courts Reopen Transgender Sports Referendum Dispute After Signature Challenge

By Riley Board

The question of whether a referendum regarding transgender student sports participation will appear on Maine's November 2026 ballot has returned to the courts following a legal challenge over the validity of the petition's signatures. Secretary of State Shenna Bellows previously ruled that the initiative could not proceed, citing insufficient documentation, while opponents argue the state official exceeded her authority and that the petitioners' signatures were obtained improperly.

The debate centers on a citizen initiative called Protect Girls Sports, which sought to ban transgender students from participating in sports teams or using private facilities associated with their gender identity. In late March, a lawsuit challenged the validity of the signatures collected for the referendum, alleging that certain collectors left documents unattended, submitted false signatures, and included out-of-state contributors who failed to complete required forms. An official review by the Secretary of State's office concluded that the petition was short by approximately 500 valid signatures—the threshold needed to qualify for the ballot—leading Bellows to reject the initiative.

Bellows, who is also running in the Democratic gubernatorial primary, confirmed the assessment and issued a ruling stating the question would not appear on the November ballot. However, the petitioners, Jane Gilbert, Mark Sayre, and Kaitlin Webber, argued that the entire signature collection process was compromised by misconduct. Their brief contends that several signature collectors violated procedural requirements during the campaign period, undermining the legitimacy of the petition.

In response, Protect Girls Sports and the Secretary of State's office filed opposing briefs. The organization maintained that Bellows lacks the constitutional authority to invalidate the signatures and asserts that the state executive branch explicitly denied the power to do so. Attorney General Aaron Frey, representing the Secretary of State, countered that the committee exceeded its mandate and that the petitioners' constitutional arguments are incomplete and fail to recognize the government's responsibility to safeguard the integrity of the ballot initiative process.

The case now moves forward with formal legal proceedings. On May 29, the three parties convened to establish a timeline for filing briefs, with the petitioners and intervenors setting a deadline of midnight the previous Wednesday. The Secretary of State's office submitted its response earlier that week. According to a spokesperson, the court must render a decision by August 1 to allow time for drafting and printing ballots for the upcoming election.

For now, the fate of the referendum remains uncertain. While the initial certification by Bellows suggested the petition was viable, the legal challenges have created significant doubt about whether the measure will ever reach voters. The outcome will depend on how the court interprets the scope of the Secretary of State's authority and whether the signature collection process can be deemed legally sound.