() After Maine refused to comply with an executive order banning transgender athletes, the Trump administration is headed to court over the dispute.

Maine Gov. Janet Mills, a Democrat, has not only refused to comply with the ban, but she has also refused to apologize to President Donald Trump.

The Department of Health and Human Services will refer the situation to the Department of Justice, saying Maine is in noncompliance with Title IX, and the department should enforce the executive order in court.

The Office of Civil Rights for HHS gave the Maine Principals Association and Greely High School 10 days to enter into an agreement banning trans women from women’s sports or the case will be sent to the DOJ.

Republican state Rep. Laurel Libby jump-started a debate after a Facebook post identifying a trans athlete competing in girls’ sports that caught Trump’s attention.

“I would love to say that at some point, we’ll see Gov. Mills back down and do the right thing for Maine girls and Maine students, but unfortunately I think it’s going to take a fully fleshed response from the Trump administration, and that includes this current referral to the Department of Justice, to ensure that we see resolution,” she said. “We don’t see those in power in our government here in Maine doing the common sense move and that is ensuring that Maine girls have a fair, safe and level playing field.”

Last Thursday, a group of school officials in Maine said they would not comply with Trump’s executive order but would instead “continue to follow state law and the Maine Human Rights Act.”

In a statement, the Maine Principal’s Association said they “are bound by the law, including the Maine Human Rights Act, which our participation policy reflects.”

“It’s remarkable to see the Maine Principal’s Association and one school district making a decision that affects the entire state and ensures that not only will Maine girls not have a fair, safe and level playing field but that Maine students will be lacking in federal funding that they need so desperately,” Libby said.

Trump has threatened to deny federal funding for Maine over the noncompliance with his order.

Mills hasn’t weighed in on the latest move to transfer the issue from HHS to the DOJ, but polling indicates that a majority of Maine residents, two-thirds of those in the state, agree with Trump and think Mills should comply with the ban.

But ultimately, it may be up to the courts to decide.