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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.
“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.
The president threatened to cut off federal funding to the state for respecting the identities of trans student-athletes.
Democratic Maine Gov. Janet Mills stood up to U.S. President Donald Trump at a Friday event in Washington, D.C. after the Republican threatened to cut off federal funding because the state allows transgender youth to participate in sports in line with their identities.
While at the podium, Trump asked if Maine's governor was at the event. After Mills confirmed her presence, he asked if she will comply with his executive order intended to use his administration's interpretation of Title IX—a federal law barring discrimination on the basis of sex at educational institutions that get federal funds—to block trans girls and women from competing as female athletes.
"You better do it, because you're not gonna get any federal funding at all if you don't," Trump said to Mills—who replied that she would follow state and federal laws. She also told the president, "See you in court."
Mills also released a statement vowing that "if the president attempts to unilaterally deprive Maine school children of the benefit of federal funding, my administration and the attorney general will take all appropriate and necessary legal action to restore that funding and the academic opportunity it provides. The state of Maine will not be intimidated by the president's threats."
Maine Morning Starreported Friday that the state's attorney general, Aaron Frey, said in a statement that any attempt by Trump to cut federal funding over the issue "would be illegal and in direct violation of federal court orders."
"Fortunately," he said, "the rule of law still applies in this country, and I will do everything in my power to defend Maine's laws and block efforts by the president to bully and threaten us."
"It is disturbing that President Trump would use children as pawns in advancing his political agenda," added Frey, who earlier this month joined other Democratic attorneys general in vowing to protect access to gender-affirming healthcare, another GOP target.
While the National Collegiate Athletic Association swiftly updated its policies to align with Trump's order, the Maine Principals' Association—which governs athletics for all public high schools and multiple private institutions in the state—confirmed earlier this month that it will continue allowing trans athletes to compete in girls' sports. Mike Burnham, executive director of MPA's Interscholastic Division, cited a 2021 update to state law.
As the Bangor Daily Newsdetailed Friday:
Between 2013 and 2021, the association allowed kids to compete in a manner consistent with their gender identity as long as there were no safety concerns. An MPA committee assessed cases one by one, and there were 54 such cases during that period. Only four involved transgender girls.
In 2021, the Democratic-led Legislature added education-related protections for gender identity to [the] Maine Human Rights Act. Since then, the MPA has allowed students to compete with those of their identified gender.
The Friday exchange between Mills and Trump—whose administration is engaged in a sweeping effort to erase trans people—came after the result of a recent pole vaulting state championship for high schoolers and one Republican lawmaker's Facebook post about it garnered national media attention.
State Rep. Laurel Libby (R-90) on Monday posted a pair of photos identifying one Greely High School pole vaulter as trans and put the teenager's preferred name in quotation marks. She later toldMaine's Total Coverage, "I think we have a responsibility to protect girls' sports, to protect Maine girls, and to ensure that they have a level playing field."
The outlet noted that state House Minority Leader Katrina Smith (R-62) "shared on her Instagram the names and email addresses of the Maine Department of Education commissioner, the state attorney general, and the executive director of the Maine Principals' Association telling constituents to call on them to follow President Trump's executive order."
Libby—who on Friday made several more Facebook posts highlighting Trump's threat to Mills and thanking the president—has faced strong backlash from Democratic lawmakers and various other critics for her initial post bullying the teenage athlete.
"We have been reminded this week of the importance of respecting the privacy of Maine kids, and the value in treating people of all ages with kindness and decency," Rep. Ryan Fecteau (D-103), the first openly gay speaker of the Maine House of Representatives, wrote in a Friday opinion piece for the Bangor Daily News.
"To young people who are members of the LGBTQ+ community, know that I see you and I stand with you," he said. "After the events of this week, I ask all my legislative colleagues to recommit to keeping kids out of the political fray. They deserve better. There is a time and place for policy debates. That time and place will never be a social media post attacking a student. Full stop."
Later on Friday, the Trump administration sent a letter to Maine Department of Education Commissioner Pender Makin announcing a federal investigation into the state agency and Maine School Administrative District #51, which includes Greely High School.
"Let me be clear: If Maine wants to continue to receive federal funds from the Education Department, it has to follow Title IX," said Craig Trainor, acting assistant secretary for civil rights at the federal level. "If it wants to forgo federal funds and continue to trample the rights of its young female athletes, that, too, is its choice."
Responding in a lengthy statement, Mills said that "no president—Republican or Democrat—can withhold federal funding authorized and appropriated by Congress and paid for by Maine taxpayers in an attempt to coerce someone into compliance with his will. It is a violation of our Constitution and of our laws, which I took an oath to uphold."
"Maine may one of the first states to undergo an investigation by his administration, but we won't be the last," warned Mills, a former district attorney and state attorney general. "Today, the president of the United States has targeted one particular group on one particular issue which Maine law has addressed. But you must ask yourself: Who and what will he target next, and what will he do? Will it be you? Will it be because of your race or your religion? Will it be because you look different or think differently? Where does it end? In America, the president is neither a king nor a dictator, as much as this one tries to act like it—and it is the rule of law that prevents him from being so."
"I imagine that the outcome of this politically directed investigation is all but predetermined," she added, again pledging to fight Trump in court. "But do not be misled: This is not just about who can compete on the athletic field, this is about whether a president can force compliance with his will, without regard for the rule of law that governs our nation. I believe he cannot."
This post has been updated to include the Trump administration's letter to the Maine Department of Education and the governor's response.
"We will not let the president turn back the clock or deter us from upholding California values," said Rob Bonta, the state's attorney general.
Fifteen Democratic state attorneys issued a joint statement Wednesday vowing to protect access to gender-affirming healthcare amid the Trump administration's attacks on transgender people, which include a new executive order aiming to ban trans girls and women from competing on female sports teams.
"We stand firmly in support of healthcare policies that respect the dignity and rights of all people," the attorneys general said in a statement decrying Republican President Donald Trump's January 28 executive order banning federal support for gender-affirming care—which the president described as "chemical and surgical mutilation"—for young adults and minors under the age of 19.
"Healthcare decisions should be made by patients, families, and doctors, not by a politician trying to use his power to restrict your freedoms," the statement continues. "Gender-affirming care is essential, lifesaving medical treatment that supports individuals in living as their authentic selves."
"The Trump administration's recent executive order is wrong on the science and the law," the attorneys general asserted. "Despite what the Trump administration has suggested, there is no connection between 'female genital mutilation' and gender-affirming care, and no federal law makes gender-affirming care unlawful. President Trump cannot change that by executive order."
"State attorneys general will continue to enforce state laws that provide access to gender-affirming care, in states where such enforcement authority exists, and we will challenge any unlawful effort by the Trump administration to restrict access to it in our jurisdictions," they added.
The attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Jersey, New York, Nevada, Rhode Island, Vermont, and Wisconsin signed the statement.
"California supports the rights of transgender youth to live their lives as their authentic selves," California Attorney General Rob Bonta said in a statement Wednesday. "We will not let the president turn back the clock or deter us from upholding California values."
"I understand that the president's executive order on gender-affirming care has created some confusion," Bonta added. "Let me be clear: California law has not changed, and hospitals and clinics have a legal obligation to provide equal access to healthcare services."
The statement from the 15 attorneys general came on the same day that Trump signed an executive order titled "Keeping Men Out of Women's Sports" that directs the Department of Education—which the president has vowed to abolish—to notify school districts that allowing transgender girls and women to compete on female teams violates Title IX, the federal law prohibiting discrimination on the basis of sex in education.
The executive order also directs the administration to "convene representatives of major athletic organizations and governing bodies, and female athletes harmed by such policies," and "convene state attorneys general to identify best practices in defining and enforcing equal opportunities for women to participate in sports and educate them about stories of women and girls who have been harmed by male participation in women's sports."
Wednesday's directive is the latest salvo in Trump's war on transgender people, which includes a day one executive order declaring that only two genders exist, another order advocating action against educators who "facilitate the social transition of a minor," a reinstatement of his first-term ban on new military enlistment by trans people—who, according to the White House, cannot lead an "honorable, truthful, and disciplined lifestyle"—nominating a transphobe to head the Justice Department's civil rights office, and scrubbing all mention of transgender people and issues from federal agency websites.
Trans people and their allies are fighting back. Lawsuits have been filed
challenging restrictions on access to gender-affirming healthcare and the transfer of transgender women inmates to men's prisons. On Wednesday, a federal judge appointed by former Republican President Ronald Reagan temporarily blocked federal prisons from moving transgender women to men's facilities and cutting off their access to hormone therapy, citing the Constitution's ban on cruel and unusual punishment. At least two federal judges have also issued temporary restraining orders on Trump administration efforts to freeze funding for federal agencies and programs.
Protests in defense of gender-affirming healthcare and other trans rights have also taken place at hospitals and other locations across the country as Trump and allies including Department of Government Efficiency chief Elon Musk pressure the U.S. Treasury Department to defund any programs specifically helping transgender and other LGBTQ+ people.
"The protection of marginalized communities will not come solely from elected officials or bureaucratic processes—it will come from sustained, organized resistance," trans rights activist Erin Reed wrote Wednesday. "History shows that real power lies not in centralized institutions but in the collective action of those who refuse to be divided."
"Authoritarian governments rely on fragmentation, banking on the idea that the public will see themselves as isolated rather than interconnected," Reed added. "As protests grow and solidarity strengthens across movements, the coming months may test just how powerful a unified public can be."