Something’s always happening with Title IX, the 1972 Congressional ban on sex discrimination in federally funded schools known for campus kangaroo courts, and now also for trans men on women’s sports teams.
No sooner was Biden’s bad Title IX regulation redefining “sex” to include gender identity blocked by federal courts than the absurdity of transsexual athletes took center stage: Trump addressed the issue back in February with his Executive Order, Keeping Men Out of Women’s Sports, which states, “It shall … be the policy of the United States to oppose male competitive participation in women’s sports … as a matter of safety, fairness, dignity, and truth.”
But the gender-bending lobby that wants men on women’s teams continues to push for this even as it often turns violent, as injuries to women in Olympic boxing and volleyball show.
At present, the most prominent state-level officials to defy Trump’s order are in Maine and California, even as Trump’s policy is said to have support from 80% of the public. On July 9, the Justice Department sued California over its defiance, similar to its lawsuit against Maine filed in April.
But at the University of Pennsylvania, by contrast, officials are coming to their senses and have signed a Resolution Agreement with the Trump Administration to ban transsexual athletes and also to apologize to women hurt by this discrimination.
The Trump Administration deserves praise for its dogged persistence.
To be sure, the February EO was excellent and comprehensive, as was a similar Trump Executive Order signed in January titled Defending Women from Gender Ideology Extremism and Restoring Biological Truth to Federal Government. The February order explained that schools violate Title IX when they allow men who pretend to be women to join female teams. The result is a loss of equal opportunity for women to play sports with their peers. Neither federal law nor the Trump Administration’s policy allows this.
But without more, both law and policy are just words on paper. For laws to really have an effect, officials must prioritize enforcement through investigations, fact-finding, and requirements for schools to change, usually in formal, written documents called Resolution Agreements, which also need follow-up and enforcement.
Thankfully, Trump and Co. are doing exactly that. For them, words on paper are not enough. From the start, Trump made clear that taxpayer money will not be used for this lawlessness: “We are putting every school receiving taxpayer dollars on notice: If you let men take over women’s sports teams or invade your locker rooms, you will be investigated for violations of Title IX and risk your federal funding.” At risk for the University of Pennsylvania was approximately $175 million, mostly in federal contracts, according to the school.
The University of Pennsylvania was among the first institutions to be investigated, alongside San Jose University and the Massachusetts Interscholastic Athletic Association (MIAA), in part because of its now-infamous trans swimmer Lia (nee Will) Thomas. The school allowed Thomas to compete as a female swimmer in 2022 after he took hormones for a year. Thomas then tied with Kentucky swimmer Riley Gaines in the NCAA swimming and diving championship. Gaines has since become the most vocal and visible opponent of trans athletes in women’s sports. The University of Pennsylvania Resolution Agreement also requires that the school remove records, honors, and awards from athletes like Thomas. Not bad!
Resistance from states such as California and Maine is curious given the overwhelming public support for girls and women—a relatively rare consensus in our contentious times. Reports have been more focused on K-12 schools than on universities receiving federal contracts, such as the University of Pennsylvania.
But interestingly, the University of Pennsylvania is also facing other lawsuits on the issue, including one filed by individual female swimmers back in February. Like the Trump investigation, it claims civil rights violations under Title IX because male athletes competed in their sports. The university moved to dismiss that lawsuit in April, and the swimmers resisted the motion just last month. The case is still pending. These matters are distinct, of course. The lawsuit is private litigation in which plaintiffs seek damages from the school for violating their rights, while the Trump Resolution Agreement is agency enforcement of federal law. But the resolution requires the University of Pennsylvania to apologize to its female athletes for precisely this discrimination. That sounds a lot like an admission of liability to the individual swimmers who sued. Time will tell.
In the interim, credit goes to the Trump Administration for its seriousness and perseverance in enforcing Title IX to protect women’s sports. Bravo.
Teresa R. Manning, JD, is Policy Director at the National Association of Scholars, President of the Virginia Association of Scholars, and a former law professor at Virginia’s Scalia Law School, George Mason University. She authored the 2020 Report, Dear Colleague: The Weaponization of Title IX.