“Are you going to comply with that?”
The question came at a bipartisan governors’ meeting, lobbed unceremoniously by U.S. President Donald Trump toward Gov. Janet Mills of Maine. Gov. Mills is one of the few representatives of any political party or institution to defy a recent executive order barring transgender students from women’s sports—and to stand firmly and vocally against the weaponization of Title IX to advance a bigoted, anti-trans agenda.
“I’m complying with the state and federal laws,” she replied. And then—“See you in court.”
Even as we identify and invest in alternate approaches to protecting students from gender-based discrimination, we cannot grant right-wing politicians leeway to weaponize Title IX for their own political gain.
The exchange, though brief, and the rushed and retaliatory federal investigation that followed, echoed far beyond the White House as a rare but critical example of how state, local, and school officials must stand up for students in the absence of adequate federal protections against sex discrimination. And those federal protections have never been adequate.
It is high time to recognize that in practice—and without states and schools moving beyond compliance to true advocacy for their students—Title IX has never offered comprehensive, accessible solutions to gender-based violence. I should know: I’ve experienced Title IX’s failings as a student, an organizer, and a policy advocate working to change how schools treat—and advocate for—survivors.
I was a college student in the Obama years, during what should have been a progressive “golden age” for Title IX, the federal civil rights law prohibiting gender-based discrimination in publicly funded schools. The reality on the ground was marked less by progress than by confusion and chaos. When my peers sought support from our Title IX office, administrators called their reasonable requests for support “too difficult” to address. Without on-campus advocates, nearly 40% of survivors who reported abuse during this period experienced a substantial disruption in their education due to retaliation, institutional betrayal, and being pushed out of schools. Many survivors stayed silent.
When Betsy DeVos gutted Title IX protections during the first Trump administration, I joined the survivor- and youth-led project Know Your IX, where I worked with student activists whose horror stories under the Trump administration’s Title IX rule sounded eerily familiar. Survivors experiencing traumatic investigations dropped out of school—paying off student loans for a degree they would never get. Medical school students chose not to report abuse for fear of losing professional opportunities. Young people who had experienced dating abuse developed new mental health challenges, and their schools refused to grant accommodations. And though Joe Biden won the presidency in 2020, Trump-era guidance on how schools should enforce Title IX persisted throughout nearly the entirety of his presidency. President Trump moved to officially reinstate DeVos-era guidance, after appointing people who have caused sexual harm or been complicit in it (including Secretary of Education Linda McMahon) to the highest positions of power in our country. If it wasn’t already clear, it should be staggeringly so now: We cannot rely on the federal government to save us.
Rather than descend into reactionary advocacy that centers an untrustworthy, increasingly fascist government, we must go above and beyond Title IX, standing up for actionable, lasting solutions to sex-based discrimination in schools. Local organizing at K-12 schools and college campuses led by students and survivors offers one path forward. We can also fight for stronger state anti-discrimination policies that reflect the needs of marginalized students. And we can empower student groups with resources and training to support their peers in the absence of federal or administrative protections.
Most importantly, it is time for schools to take responsibility for protecting their students and act accordingly—regardless of state and federal policy, or how the president decides to interpret the 37 words that make up the statute of Title IX. While federally funded schools are required to comply with Trump’s Title IX rule, they can and should create separate anti-discrimination policies that fill in the gaps of the current Title IX rule. We should encourage schools to go above and beyond what federal law requires to protect students from sexual violence, and respond with care when it occurs.
Of course, in the absence of strong, federal legislation codifying students’ protections and schools’ responsibility to address gender-based discrimination, “sending education back to the states” creates an inequitable patchwork of civil rights protections, resulting in even more students experiencing traumatic disruptions to their education. While investing in school- and state-level organizing, we must build wide networks of support and mutual aid that persist no matter how hostile the environment. Groups like Know Your IX, now a project of the national youth activism organization Advocates for Youth, will continue to organize alongside brilliant and dedicated survivors and student activists holding their schools accountable and fighting for survivor-centered solutions.
Even as we identify and invest in alternate approaches to protecting students from gender-based discrimination, we cannot grant right-wing politicians leeway to weaponize Title IX for their own political gain. We must join Gov. Mills and shout from the rooftops that bigoted, transphobic attempts to attack marginalized young people through education policy will never be a solution to this country’s epidemic of sexual harassment and assault. We must hold strong in the face of increasingly brazen attempts from federal officials to curb students’ rights and retaliate against dissidence. If lawmakers actually cared about women and girls, they would bolster Title IX protections—not attempt to dismantle them.
Title IX was always the floor, not the ceiling. Now, it’s time to aim for the stars. Student survivors, LGBTQI+ youth, and pregnant and parenting people deserve nothing less.
