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"Schools must step up to protect students in the absence of adequate federal guidance," said one advocate.
A "Dear Colleague" letter sent by the U.S. Department of Education to K-12 schools and colleges will leave transgender students without the anti-discrimination protections that were introduced under former President Joe Biden, warned advocates on Friday.
The letter informed schools that effective immediately, the department is returning to Title IX rules that were in place under the first Trump administration, protecting students from discrimination "on the basis of biological sex"—not gender identity, sexual orientation, or pregnancy status.
The updated rules, said one DOE official, are aimed at correcting an "egregious slight to women and girls," as the administration characterized protections for transgender and nonbinary students.
The Trump administration and Republican lawmakers have been intensely focused on stopping transgender students from participating in women's sports in college and high school. Biden's rules, unveiled last April, stopped short of requiring schools to allow students to play on teams that correspond with their gender identity.
But Emma Levine, manager of the advocacy group Know Your IX, said the rollback of Biden's guidance will put students across the country at "greater risk of harassment and discrimination."
Biden's guidance had been on hold in 26 states as Republican attorneys general have challenged the rules in court.
Earlier this month, a federal judge in Kentucky struck down Biden's rules, saying protections for transgender students under the 1972 anti-discrimination law rendered the measure "meaningless."
Levine said Friday that "schools must step up to protect students in the absence of adequate federal guidance," and Massachusetts Secretary of Education Patrick Tutwiler was quick to call on schools in the state to continue ensuring all students are protected from harassment and discrimination.
"It is incumbent on schools and school administrators to create a culture in which all students feel safe, supported, and fully included, including in athletics," said Tutwiler. "I am proud that in Massachusetts our state constitution has strong, comprehensive protections for LGBTQ+ students who deserve to live and learn as their full, authentic self."
Under the 2020 Title IX rules that the DOE is returning to, schools were also informed Friday that the Trump administration will once again limit schools' liability in sexual assault cases and afford expanded rights to students accused of assault and harassment.
During his first term, Trump introduced Title IX requirements for schools to hold live hearings in which students accused of misconduct and those who accused them could cross-examine one another through lawyers. The rules also narrowed the definition of harassment and placed some misconduct cases outside of a school's jurisdiction.
"The 2020 Title IX rule fails students," said Levine. "This is an incredibly disappointing decision that will leave many survivors of sexual violence, LGBTQ+ students, and pregnant and parenting students without the accommodations critical to their ability to learn and attend class safely."
"Courts have already found that forcing trans women into men's prisons is cruel and unusual punishment," noted one media outlet.
A transgender woman inmate serving her sentence in a women's federal prison sued the Trump administration on Sunday, arguing that Republican U.S. President Donald Trump's recent executive order narrowly defining sex violates the Constitution's ban on cruel and unusual punishment, is "motivated by discriminatory animus" toward trans people, and forces "dangerous transfers to men's facilities."
A redacted copy of the lawsuit—which was filed by an inmate in an unspecified low-security federal prison identified as "Maria Moe"—claims Trump's January 20 executive order stating that it is henceforth federal policy "to recognize two sexes, male and female" violates her constitutional rights.
"Defendant Trump has been transparent about his hostility toward transgender people and openly stated his intentions to create legal obstacles to eliminate legal protections for transgender people and to deter them from obtaining medical care or being able to live in a sex other than their birth sex," the lawsuit states.
On Sunday, a transgender woman who is currently in prison sued Donald Trump, Acting A.G. McHenry, and the head of the Bureau of Prisons due to her treatment in the wake of the Jan. 20 anti-trans "sex" definition executive order. Read it all at Law Dork: www.lawdork.com/p/trans-woma...
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— Chris Geidner (@chrisgeidner.bsky.social) January 27, 2025 at 10:52 AM
"On November 15, 2022, when he announced his candidacy for president, he explicitly promised to target transgender Americans through executive action," the complaint continues. "He pledged a 'day one' executive order to 'cease all programs that promote the concept of sex and gender transition at any age.'"
"If Maria Moe is transferred to a men's facility, she will not be safe," the lawsuit stresses. "Transferring Maria Moe to a men's prison will pose a substantial risk of serious harm, including an extremely high risk of violence and sexual assault from other incarcerated people and [Federal Bureau of Prisons] staff."
"In a men's prison, Maria Moe will also be at high risk of worsening gender dysphoria, which can lead to serious physical and mental health conditions including severe depression and suicidality," the complaint adds. "These risks are obvious, well-documented, and well-known to BOP officials."
Furthermore, the suit says that ending Moe's federally funded hormone therapy "would constitute deliberate indifference to her serious medical needs and would violate the 8th Amendment's prohibition on cruel and unusual punishment."
As
LGBTQ Nationreported Monday, "Courts have already found that forcing trans women into men's prisons is cruel and unusual punishment."
According to the very small print on the BOP's "inmate gender" webpage, there are 1,529 transgender females in federal custody and 744 transgender males.
The new lawsuit preceded Monday reporting that Trump is expected to revive his first-term policy of banning new military enlistments by transgender people.
"In a perverse move," explained Rep. Pramila Jayapal, "this bill would make it easier to label victims of domestic violence as perpetrators, to make them removable from the country and eliminate existing legal safeguards that protects survivors."
The eye-catching headlines cropped up across social media platforms and right-wing news outlets on Thursday:
"145 House Dems vote against bill to deport migrants who commit sexual assault," proclaimedFox News.
"145 Dems vote against deporting illegal immigrants convicted of sex crimes," reported the San Joaquin Valley Sun in Central California.
"The Left were defending rapists, murderers, and pedophiles this morning," said U.S. Rep. Nancy Mace (R-S.C.) in a post on X, adding that Democrats "have a lot of explaining to do" regarding their opposition to the so-called Preventing Violence Against Women by Illegal Aliens Act (H.R. 30).
Progressive lawmakers were happy to explain why they objected to the legislation, which would mandate that undocumented immigrants, or those with contested legal status, be deported if they are convicted of or admit to committing sexual assault or abuse, domestic violence, stalking, child abuse, or violating a protection order.
Opponents of the bill noted that existing law already allows federal authorities to remove from the country any immigrant with uncertain status who is found guilty of "crimes involving moral turpitude," including rape, sexual assault, or domestic abuse.
But aside from being redundant, said Rep. Pramila Jayapal (D-Wash.), the bill, which was introduced by Mace, "weaponizes" the Violence Against Women Act "against—you've got it—domestic violence victims."
Although Mace and other supporters heralded the legislation as aiming to protect women and girls from "the lifelong scars, the irreversible scars, these heinous crimes leave behind," Jayapal noted that 200 local and national advocacy groups for domestic violence survivors urged lawmakers to oppose the bill.
"There is actually no gap in the law that needs to be fixed," Jayapal said. "Instead, in a perverse move, this bill would make it easier to label survivors of domestic violence as perpetrators, to make them removable from the country and eliminate existing legal safeguards that protect survivors.
The bill, she said, is meant to "widen the highway to [President-elect] Donald Trump's mass deportation plan."
Rep. Jamie Raskin (D-Md.) added that under Mace's proposal, "no exceptions would exist any longer for domestic violence victims who have committed minor crimes in the context of resisting their violent abuse."
"This bill will only make the immigration laws much harsher on the victims of domestic violence, sexual battery, and rape, which is the opposite of what we should be doing," he said.
The legislation, which passed 274-145 and garnered the support of 61 Democrats, was passed by the House days after Republicans pushed through the Laken Riley Act, using similar tactics to suggest opponents of that bill supported criminal activity by immigrants.
The Laken Riley Act would require the deportation of any undocumented immigrant accused of theft—a response to the killing last year of Georgia nursing student Laken Riley by an undocumented immigrant who had been cited for shoplifting prior to the murder.
Thirty-seven Democrats joined the House Republican Caucus in supporting the Laken Riley Act, and the Senate is set to vote on the bill in the coming days, likely sending it to Trump's desk to become law after he is sworn in next week.
"The Democratic support for this monstrous, inhuman rhetoric will play a big role in the advancement of authoritarian violence," Alec Karakatsanis, founder of the Civil Rights Corps, said of the legislation. "None of it was possible without propaganda pervading mainstream news about immigrants, shoplifting, bail, and the things that truly affect our safety."
Rep. Jesús "Chuy" García (D-Ill.) called the bill passed on Thursday "harmful" and "counterproductive."
"We must prioritize protections," he said, "not fear."
The U.S. National Domestic Violence Hotline can be reached at 1-800-799-SAFE (7233), by texting "START" to 88788, or through chat at thehotline.org. It offers 24/7, free, and confidential support. DomesticShelters.org has a list of global and national resources.