Trump vows to reverse Biden protections for trans students “on day one”
May 14, 2024Former President Trump declared on Friday that he intends to revoke trans student protections recently implemented by the Biden administration “on day one” if he wins the election in November, ‘The Hill’ reports.
In April, the Education Department announced a comprehensive update to Title IX, the federal law that prohibits sex-based discrimination in educational institutions receiving federal support. Set to be implemented on August 1, these amendments for the first time address discrimination related to sexual orientation and gender identity.
During his visit to “Kayal and Company,” a conservative talk radio program in Philadelphia, Trump proclaimed, “We’re gonna end it on day one. Remember, it was established through a presidential order. It was delivered as an executive order. And we’re gonna change it — on day one it’s gonna be changed.”
In a 2021 executive order, President Biden posited that “all students should be guaranteed an educational environment free from discrimination on the basis of sex, including sexual harassment, and discrimination on the basis of sexual orientation or gender identity.” This order also directed the Education Department to update the Title IX regulations that were originally established during Trump's tenure.
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On the radio show with Nick Kayal and Dawn Stensland, Trump reassured listeners regarding the new Title IX regulation, stating, “It’ll be signed on day one. It’ll be terminated.”
Additionally, Trump has committed to implement at least a dozen policies targeting trans rights during his presidency, which includes a national prohibition on transgender student-athletes competing in sports that align with their gender identity and a federal law affirming only two recognised genders. He has also pledged to penalise health care providers who provide gender-confirming care to minors.
While Title IX is a federal law, its enforcement varies with each administration, impacting the compliance obligations of educational institutions receiving federal funds.
Following the expanded protections under the new regulations, Republican governors, attorney generals, and education leaders have pledged defiance, instructing school districts within their states to disregard these changes. This month, Arkansas Governor Sarah Huckabee Sanders (R) ordered the state to oppose the new rules, even considering legal action against the Biden administration “for any financial loss, including loss of funding.”
Lawsuits initiated by over a dozen Republican-dominated states this month criticise the rule for diluting federal nondiscrimination safeguards for non-trans students and misapplying a 2020 Supreme Court decision on workplace discrimination based on sexual orientation and gender identity to Title IX.
Filed largely in conservative areas, these lawsuits are likely to, at least temporarily, prevent the enforcement of the new Title IX rules slated for this summer.
The Biden administration is still in the process of finalising another rule concerning sports eligibility. Proposed last year, it seeks to forbid schools from outright prohibiting trans students from joining sports teams corresponding to their gender identity.
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