Tag: trans

  • $1.2B Fine, Nix Trans Athlete Wins, More

    $1.2B Fine, Nix Trans Athlete Wins, More

    The Trump administration demanded that UCLA pay $1.2 billion and restrict student freedoms.

    Juliana Yamada/Los Angeles Times/Getty Images

    The details of the Trump administration’s demands on the University of California, Los Angeles—in addition to the previously reported $1.2 billion payout the federal government asked for—have finally been revealed. A lawsuit by UC faculty unions forced the higher ed system to release a copy of a draft resolution agreement, shedding light on the terms UC was first faced with nearly three months ago.

    The Trump administration has demanded, among other things, that UCLA not enroll “foreign students likely to engage in anti-Western, anti-American, or antisemitic disruptions or harassment.” In the same paragraph, the proposed resolution agreement says UCLA would have to “socialize international students to the norms of a campus dedicated to free inquiry and open debate.”

    The federal government also demanded that UCLA ban overnight campus demonstrations and mandate that masked campus protesters reveal their identities when asked.

    Multiple provisions aim to limit transgender individuals’ rights. The document demands that UCLA’s medical school and affiliated hospitals stop “performing hormonal interventions and ‘transgender’ surgeries” on anyone under 18; stop allowing transgender women to play on women’s sports teams; strip records, awards and other recognition from transgender women athletes; and send personal apologies to the cisgender women who placed lower than trans athletes.

    California voters banned affirmative action in public education nearly 30 years ago, but the demand letter suggests the Trump administration doesn’t think UCLA has complied. It would require UCLA to bar providing “information about candidates’ race, sex, ethnicity, or other protected characteristics to faculty or other UCLA personnel with decision-making authority over hiring, retention, promotion or tenure.”

    Other provisions target affirmative action in hiring and student admissions, including a line that says, “UCLA shall discontinue race- and ethnicity-based scholarships.” The proposed agreement says “proxies used to effectuate race-based or sex-based outcomes” aren’t allowed in selecting for fellowship programs and also bans the use of such undefined proxies in hiring and admissions.

    The document’s release comes after UC said in early August that it would negotiate with the federal government, citing the estimated $584 million in funding that at least three different federal agencies had announced they were suspending. That funding freeze followed a July 29 letter to UC from the Department of Justice, which said its months-long investigations across the system had so far concluded that in its response to a pro-Palestinian protest encampment in spring 2024, UCLA violated the equal protection clause of the 14th Amendment and Title VI of the Civil Rights Act of 1964.

    It was yet another example of the Trump administration accusing a selective university of tolerating antisemitism and cutting off hundreds of millions of federal dollars. But, unlike Harvard and Columbia Universities, UCLA is a public institution, and its targeting by the federal government represents an expansion of the administration’s campaign to overhaul higher ed.

    Last week, the University of Virginia became the first known public institution to settle with the administration over discrimination allegations. That settlement didn’t require a payout, but among other things, UVA committed to not use proxies for race; to end all diversity, equity and inclusion programming; and to prohibit trans athletes from participating in sports.

    Media earlier reported some of the administration’s demands on UCLA, but university officials didn’t make the details public until Friday, when a lawsuit by the UCLA Faculty Association and Council of UC Faculty Associations forced them to.

    “Accession to these demands would be to undermine everything that has made the UC the successful engine of social mobility and economic might that it has been for our state,” Anna Markowitz, president of the UCLA Faculty Association, wrote in an email. “It will harm undergraduate learning opportunities, and hamper UC’s ability to be a scholarly leader on the international stage. It enshrines ideology at the heart of the institution rather than decades of empirical and scholarly understanding. We stand against this extortion effort.”

    Markowitz said the “UCLA FA and CUCFA have stood with our union colleagues in calling for no negotiations since the beginning.” The university administration “is under intense federal pressure,” she said, and she urged them to resist—“particularly because other faculty legal action has resulted in the restoration of nearly all of the temporarily suspended federal grants.”

    Indeed, Stett Holbrook, a UC spokesperson, wrote in an email to Inside Higher Ed Monday that “as for terminated federal research funds, that figure is in the tens of millions”—a far cry from the August estimate of $584 million.

    He provided a statement saying, “UC has been clear it must evaluate its response to the administration’s settlement proposal that, like all settlement communications, is confidential. As stated previously, the proposed $1.2 billion settlement payment alone would derail work that saves lives, grows our economy, and fortifies our national security. UC remains committed to protecting the mission, governance, and academic freedom of the University.”

    White House and DOJ officials didn’t respond to requests for interviews Monday or answer written questions.

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  • Texas Tech System Ends Class Discussions of Trans Identity

    Texas Tech System Ends Class Discussions of Trans Identity

    The Texas Tech University System has ordered all faculty to refrain from classroom discussions of transgender identity, The Texas Tribune reported.

    In a letter to the leaders of the five universities in the system, Texas Tech Chancellor Tedd Mitchell wrote that the institutions must comply with “current state and federal law,” which “recognize only two human sexes: male and female.“ He cited Texas House Bill 229, which defines sex strictly as determined by reproductive organs, a letter from Texas governor Greg Abbott directing agencies to “reject woke gender ideologies,” and President Trump’s January executive order—which is not a federal law—declaring the existence of just two genders.

    “While recognizing the First Amendment rights of employees in their personal capacity, faculty must comply with these laws in the instruction of students, within the course and scope of their employment,” Mitchell wrote.

    The move follows a confusing week at Angelo State University—part of the Texas Tech System—where a new set of policies first seemed to prohibit faculty from engaging in any sort of pride displays but ultimately limited discussion and content only related to trans identity.

    Mitchell’s letter provided little guidance for faculty about how to implement the new policy, suggesting it presents certain challenges.

    “This is a developing area of law, and we acknowledge that questions remain and adjustments may be necessary as new guidance is issued at both the state and federal levels,” he wrote. “We fully expect discussions will be ongoing.”

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  • Education Department proposes removing trans, nonbinary student categories from mandated data collection

    Education Department proposes removing trans, nonbinary student categories from mandated data collection

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    The U.S. Department of Education is proposing to abandon data collection on transgender and nonbinary students, including on whether they are victims of harassment and bullying and whether school districts have policies prohibiting those incidents, according to a Federal Register notice published this month. 

    The changes come as part of the Civil Rights Data Collection for the 2025-26 and 2027-28 school years, a mandated survey of all public school districts that has been administered for almost six decades. The department noted on its website that the CRDC has “captured data on students’ equal access to educational opportunities to understand and inform schools’ compliance with the civil rights laws enforced by the Department of Education’s Office for Civil Rights.” 

    The proposed changes to the upcoming collections also struck transgender students from the department’s definition of “rape” and “sexual assault.”

    Whereas previous collections defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity,” the proposed collection says, “All students, regardless of sex, or sexual orientation can be victims of rape” — explicitly striking “gender identity” from the older definition.

    The change “really sends a frankly terrible message to how schools should be responding to allegations of sexual assault and how they should be documenting that and bringing that data forward,” said Brian Dittmeier, director of LGBTQI+ equality at the National Women’s Law Center.

    The department, however, maintained in an email to K-12 Dive that “the definition of rape and sexual assault remains virtually unchanged.”

    “All students means all students, period,” said an Education Department spokesperson on Thursday.

    The department submitted the proposed changes to the Office of Management and Budget for review on Aug. 7 and is accepting comments on the notice until Sept. 8.

    The changes are being proposed to comply with the 2020 Title IX rule, which excludes LGBTQ+ students from sex-based discrimination protections. President Donald Trump’s Education Department told districts in January to follow that rule — published during his first term — as opposed to the 2024 rule finalized under the Biden administration, which protected LGBTQ+ students under the sex discrimination civil rights statute.

    The Education Department is also proposing a change in its Civil Rights Data Collection to exclude transgender and nonbinary students in light of Trump’s January 2025 executive order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” That executive order directed federal agencies to only recognize two sexes, male and female, and said, “These sexes are not changeable and are grounded in fundamental and incontrovertible reality.”

    The Education Department has since adopted that stance, and it has attempted to include the definitions “male” and “female” in state policies through its resolution agreements and to exclude transgender students from teams and facilities aligning with their gender identities.

    The decision to now strike those students from the CRDC means the Education Department’s Office for Civil Rights — under the current administration and future ones — would have less data on how transgender and nonbinary students fared in the 2025-26 and 2027-28 school years.

    “OCR uses CRDC data as OCR investigates complaints alleging discrimination to determine whether the federal civil rights laws it enforces have been violated, initiates proactive compliance reviews to identify particularly acute or nationwide civil rights compliance problems, and provides policy guidance and technical assistance to educational institutions, parents/guardians, students, and others,” a July 22 statement from the U.S. Department of Education to the Office of Budget and Management said. Other federal agencies, researchers and policymakers also use CRDC data, the department said.

    Transgender and students questioning their gender identity showed higher rates of bullying and poor mental health, as well as the lowest rates of school connectedness, when compared to their cisgender peers, according to the first nationally representative survey data on transgender students released by the Centers for Disease Control and Prevention last year.

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  • Penn Agrees to Trump’s Demands, Will Strip Trans Athlete’s Awards

    Penn Agrees to Trump’s Demands, Will Strip Trans Athlete’s Awards

    The university plans to “apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

    Photo illustration by Justin Morrison/Inside Higher Ed | Kyle Mazza/Anadolu/Getty Images | Rich von Biberstein/Icon Sportswire/Getty Images

    The University of Pennsylvania will concede to the Trump administration’s demands that the university “restore” swimming awards—and send apology notes—to female competitors who lost to a trans athlete, the Department of Education’s Office for Civil Rights announced Tuesday.

    The department previously found that Penn violated Title IX for allowing a trans woman to compete on a women’s sports team—presumably referring to Lia Thomas, who rose to national attention while competing on Penn’s women’s swim team three years ago.

    To end the investigation, the administration demanded in part that Penn apologize to cisgender women whose swimming awards and honors were “misappropriated” to trans women athletes. Multiple Title IX advocates lambasted the department’s demands, arguing the agency was misusing the landmark gender-equity law to punish trans students and their institutions.

    Penn is one of multiple higher education institutions and K–12 schools that the administration has targeted for allowing trans women to play on women’s sports teams, in accordance with NCAA policy at the time. But it appears to be the first institution of higher education to reach a resolution agreement over the issue since Trump took office.

    “Penn remains committed to fostering a community that is welcoming, inclusive, and open to all students, faculty, and staff,” Penn president J. Larry Jameson said in a statement Tuesday. “I share this commitment, just as I remain dedicated to preserving and advancing the University’s vital and enduring mission. We have now brought to a close an investigation that, if unresolved, could have had significant and lasting implications for the University of Pennsylvania.”

    Separate from the department’s investigation, the White House paused $175 million in funding to the university because Penn “infamously permitted a male to compete on its women’s swimming team,” an official said in March. It’s not clear if the funding will be restored or when.

    Jameson stressed in the statement that the university was in compliance with Title IX and all NCAA guidelines at the time that Thomas swam for Penn’s women’s team from 2021 to 2022. But, he said, “we acknowledge that some student-athletes were disadvantaged by these rules. We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

    Title IX advocates have emphasized that trans athletes are not, in fact, explicitly forbidden from playing on women’s sports teams under the current Title IX regulations, which were finalized under the previous Trump administration and are the same ones that were in effect when Thomas was competing.

    In addition to stripping Thomas’s awards, Penn agreed to ED’s demands to make a public statement that people assigned male at birth are not allowed in Penn’s women’s athletic programs or its bathrooms and locker rooms, according to the department’s news release. The institution must also promise to adopt “biology-based definitions for the words ‘male’ and ‘female’ pursuant to Title IX” and Trump’s February executive order banning trans athletes from playing on the team that aligns with their gender.

    That statement also went up Tuesday. In it, the university promised to follow Trump’s trans athlete ban, as well as the executive order he signed that withdraws federal recognition of transgender people, with regard to women’s athletics.

    In the department’s announcement, Paula Scanlan, one of Thomas’s former teammates who has since led the crusade against trans women athletes, said she was “deeply grateful to the Trump Administration for refusing to back down on protecting women and girls and restoring our rightful accolades. I am also pleased that my alma mater has finally agreed to take not only the lawful path, but the honorable one.”

    Shiwali Patel, senior director of safe and inclusive schools at the National Women’s Law Center, criticized the agreement in a statement Tuesday as a “devastating and shameful outcome.” She blamed Penn’s “utter failure” as well as the department’s “continued manipulation of Title IX.”

    “The Trump administration’s attacks on civil rights protections, including Title IX, and obsession with undermining bodily autonomy is the real harm to women and girls, unlike transgender athletes who want to compete in sports alongside their peers and pose no threat to women’s sports, contrary to Trump’s lies,” Patel said in the statement. “In fact, their inclusion benefits all women and girls. We will continue to support Lia Thomas and her peers and their right to compete.”

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  • Federal court backs teachers fired over trans protest

    Federal court backs teachers fired over trans protest

    FIRE helped secure a victory this week for two educators in Oregon when the U.S. Court of Appeals for the Ninth Circuit sent Damiano v. Grants Pass School District back down to the federal district court, as FIRE had asked it to in our amicus brief.

    When their school district passed a policy requiring teachers to address transgender students by their preferred names and pronouns, the plaintiffs, Oregon assistant principal Rachel Sager and teacher Katie Medart, started the grassroots campaign “I Resolve” to voice their opposition to the policy. Following complaints by students, parents, and community members, their local school district fired the teachers but later reinstated them to different roles. 

    The teachers sued. But the lower court ruled the school district was entitled to fire the teachers and granted summary judgment, meaning it did not see a need to go to trial.

    FIRE saw things differently. And now, so has the appellate court. Our brief to the Ninth Circuit argued that Sager and Medart’s speech on a matter of public concern — as speech on the debate around gender issues undoubtedly is — must be properly balanced against the school district’s interest in providing services to the public. FIRE wrote:

    Almost twenty years ago, this Court held “it is well-settled that a teacher’s public employment cannot be conditioned on her refraining from speaking out on school matters.” … Yet the district court here held that, under Pickering, Grants Pass School District could do exactly that. The court incorrectly concluded that the district did not violate the First Amendment by firing an assistant principal (Rachel Sager, née Damiano) and teacher (Katie Medart) for speaking out against the District’s gender identity policy … because their actions—namely, publishing an alternative model gender-identity education policy and accompanying video called “I Resolve”—allegedly caused significant community disruption.

    The lower court put too much weight on the discomfort and controversy the teachers caused with their advocacy, and too little weight on their First Amendment right to speak as private citizens on a matter of public concern.

    On top of that, the court found a genuine dispute to be resolved over whether the teachers’ advocacy actually disrupted the school’s operation. As such, the Ninth Circuit reversed the lower court’s opinion — meaning the educators’ First Amendment claim can now proceed to trial.

    With its ruling, the Ninth Circuit has sent a pointed reminder that public employees don’t surrender their constitutional rights just because they work for the government. 

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  • Trump Wants to Cut Funding for California Schools Over One Trans Athlete. It’s Not So Easy – The 74

    Trump Wants to Cut Funding for California Schools Over One Trans Athlete. It’s Not So Easy – The 74


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    This story was originally published by CalMatters. Sign up for their newsletters.

    California’s schools and colleges receive billions in federal funding each year — money that President Donald Trump is threatening to terminate over the actions of one student. AB Hernandez, a junior from Jurupa Valley High School, is transgender, and on May 31 she won first- and second-place medals at the state track and field championship.

    “A Biological Male competed in California Girls State Finals, WINNING BIG, despite the fact that they were warned by me not to do so,” Trump said in a social media post last week. “As Governor Gavin Newscum (sic) fully understands, large scale fines will be imposed!!!”

    Despite this post and a similar threat a few days earlier to withhold “large-scale” federal funding from California, Trump lacks the authority to change the state’s policy toward transgender athletes without an act of Congress or a decision by the U.S. Supreme Court. And recent court cases suggest that Trump also may have a hard time withholding money from California.

    California state law explicitly allows transgender students in its K-12 school districts to compete on the team that matches their preferred gender, but the Trump administration has issued multiple directives that restrict access to girls’ sports, including a letter last week from the U.S. Department of Justice telling high schools to change their policies.

    On Monday, California Attorney General Rob Bonta sued the Justice Department over its letter, saying it had “no right to make such a demand.”

    “Let’s be clear: sending a letter does not change the law,” said State Superintendent of Public Instruction Tony Thurmond in a statement to school districts. “The DOJ’s letter to school districts does not announce any new federal law, and state law on this issue has remained unchanged since 2013.” On Monday, Thurmond sent his own letter to the Trump administration, refuting its legal argument.

    California receives over $2 billion each year for its low-income Title I schools, as well as over $1 billion for special education. At the college level, students receive billions in federal financial aid and federal loans. Even if Trump lacks the legal authority to change state law, he could still try to withhold funding from California, just like he tried with Maine. In February, Trump asked Maine Gov. Janet Mills if her state was going to comply with a presidential executive order — which is not a law — that directed schools to bar transgender girls from certain sports. Mills said she’d comply with “state and federal laws,” effectively rebuking the president.

    The Trump administration has since tried to withhold funding from Maine, but legal challenges have prevented it.

    The NCAA vs. California state law

    Trump made banning transgender youth athletes a centerpiece of his 2024 presidential campaign, and it’s remained a focal point for his administration this year. Nationally, Americans increasingly support restrictions on transgender athletes, according to surveys from the Pew Research Center. Gov. Gavin Newsom, who last year signed legislation supporting trans students, spoke out against transgender athletes in a podcast this March, saying it was “deeply unfair” to allow transgender girls to compete in girls’ sports.

    Female athletes with higher levels of testosterone or with masculine characteristics have long faced scrutiny, biological testing and disqualification. Debates about who gets to participate in girls’ or women’s sports predate the Trump administration — and Newsom — and policies vary depending on the athletic institution.

    In 2004, the International Olympic Committee officially allowed transgender athletes to compete in the sport that aligned with their gender identity, as long as the athlete had sex reassignment surgery, only to change that policy in 2015 and require hormone testing. In 2021, the committee changed the policy again, creating more inclusive guidelines but giving local athletic federations the power to create their own eligibility criteria.

    Across California, youth leagues, private sports leagues and other independent athletic associations all have their own policies. Some allow transgender women and men to participate; some restrict who can compete. Some require “confirmation” of a participant’s gender, such as a government ID or statements from health care professionals, while other associations take the athletes at their word.

    California’s colleges and universities are not allowed to discriminate against transgender students but state law doesn’t provide any guidance beyond that. After the presidential executive order in February, the National Collegiate Athletic Association (NCAA), which independently regulates college sports, changed its rules, prohibiting transgender women from competing and putting colleges in a bind. Roughly 60 California universities are part of the NCAA, including almost all of the UC and many Cal State campuses. Community colleges, which represent the bulk of the state’s undergraduates, are not part of the NCAA.

    “There’s a strong argument (the NCAA rules) could violate state law and federal equal protection,” said Elana Redfield, the federal policy director at UCLA’s Williams Institute, which studies LGBTQ+ issues.

    Amy Bentley-Smith, a spokesperson for the California State University system, declined to comment about how the NCAA policy conflicts with state and federal regulations. She said the Cal State campuses abide by the NCAA rules — preventing transgender athletes from competing — while still following state and federal non-discrimination laws regarding trans students.

    Stett Holbrook, a spokesperson for the University of California system, said the UC does not have a system-wide policy for transgender athletes. He did not respond to questions about whether the campuses abide by NCAA rules.

    Unlike the NCAA, the California Community College Athletic Association allows transgender athletes to compete. A spokesperson for the association, Mike Robles, said he’s aware of the NCAA rules and the Trump administration’s priorities but he did not say whether the association will modify its own policy.

    The U.S. Constitution is silent on trans students

    In February, just days after the president’s inauguration and the executive order regarding transgender athletes, the U.S. Department of Education launched an investigation into San Jose State after a women’s volleyball player outed her teammate as transgender. The education department has yet to provide an update on that investigation.

    With the Trump administration’s focus now on CA K-12 school districts, the legal debate has intensified. In its letter to the state’s public schools last week, Assistant U.S. Attorney General Harmeet Dhillon said allowing transgender girls to compete in girls’ sports is “in violation” of the Equal Protection Clause of the U.S. Constitution and asked schools to change their policies.

    But the U.S. Constitution doesn’t say anything about transgender athletes, at least not explicitly.

    Instead, Dhillon is offering an interpretation of the Constitution, “which doesn’t carry the full force of law,” Redfield said. The laws that do govern transgender athletes, such Title IX, aren’t clear about what schools should do, and the U.S. Supreme Court — the entity with the power to interpret federal law and the Constitution — has yet to decide on the matter.

    That said, many lower level judges have already weighed in on whether the Constitution or Title IX law protects transgender students or athletes.“The preponderance of cases are in favor of trans plaintiffs,” Redfield said. “The federal government is contradicting some pretty strong important precedent when they’re making these statements.”

    After Trump’s comments about AB Hernandez, the nonprofit entity that regulates high school sports, the California Interscholastic Federation, changed its policy, slightly. For the state’s track and field championship, the federation said it would implement a new process, whereby AB Hernandez would share her award with any “biological female” that she beat. All “biological female”  athletes below Hernandez would also move up in ranking.

    On May 31, Hernandez shared the first-place podium twice and the second-place podium once, each time with her competitors smiling supportively, the San Francisco Chronicle reported.

    A spokesperson for the governor, Izzy Gardon, said that approach is a “reasonable, respectful way to navigate a complex issue without compromising competitive fairness.”

    This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.


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  • Feds suspend $175M to University of Pennsylvania over trans athletics policy

    Feds suspend $175M to University of Pennsylvania over trans athletics policy

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    The Trump administration has suspended $175 million in federal funding for the University of Pennsylvania, citing its athletics participation policies for transgender students, according to a Wednesday post from a White House social media account. 

    The cuts are to discretionary spending from the U.S. Department of Defense and the U.S. Department of Health and Human Services, according to Fox Business, the first to report the news. 

    “We are aware of media reports suggesting a suspension of $175 million in federal funding to Penn, but have not yet received any official notification or any details,” a Penn spokesperson said via email Wednesday. 

    The spokesperson added, “We have been in the past, and remain today, in full compliance with the regulations that apply to not only Penn, but all of our NCAA and Ivy League peer institutions.”

    In an executive order last month, President Donald Trump barred colleges and K-12 schools from allowing transgender women to play on sports teams that align with their gender identity and threatened to pull all federal funding from institutions that don’t comply. 

    The day after Trump signed the directive, the U.S. Department of Education opened a Title IX investigation into Penn, San José State University and a K-12 athletics association over policies the agency said were out of step with the executive order. 

    Former Penn swimmer Lia Thomas, a transgender woman, has been at the center of polarizing debates over gender identity and college athletics participation. In 2022, Thomas became the first openly transgender athlete to win a NCAA Division I championship for her victory in the women’s 500-yard freestyle. 

    Last week, more than a dozen college athletes sued the NCAA, alleging that allowing Thomas to compete in the championship violated Title IX, the sweeping statute barring sex-based discrimination in federally funded institutions. 

    The complaint comes only a month after a similar lawsuit was filed against Penn and the NCAA over Thomas’ participation in the Ivy League’s 2022 swimming championship. 

    The NCAA updated its policies after Trump’s executive order to only allow students assigned female at birth to compete in women’s athletics.

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  • Maine’s censure of lawmaker for post about trans student-athlete is an attack on free speech

    Maine’s censure of lawmaker for post about trans student-athlete is an attack on free speech

    Citizens elect representatives to advocate zealously on their behalf, empowering officials to vote according to their conscience and express themselves freely on controversial topics. That’s why the Maine House of Representatives’ recent actions are so alarming — withdrawing an elected representative’s right to speak or vote on the House floor for refusing to take down a Facebook post. 

    Three weeks ago, Representative Laurel Libby of Maine’s 64th District posted on Facebook that a high school athlete won first place in girls’ pole vaulting at the Class B state championship after having competed the year before in the boys’ event and finishing in a tie for fifth place.

    Libby’s post is constitutionally protected. She was speaking out about the policy in her state, set by the Maine High School Principals Association, that a high school athlete may participate in competitions for the gender with which they identify. Her post was also part of a nationwide debate. Maine Governor Janet Mills and President Trump have publicly sparred over the president’s executive order proposing to cut off education funding if states do not ban transgender athletes from competing in girls’ sports. 

    But just days after Libby’s post, the Maine House speaker and majority leader demanded she take it down. When she refused, the majority leader introduced a censure resolution — to be heard in the House the next day — because Libby’s post had included photos and the first name of the student, who is a minor. Libby sought to defend herself in the hastily called House vote, but was repeatedly cut off. The censure resolution passed 75-70 on a party-line vote. 

    If all the censure did was express disapproval of Libby’s actions, that would be one thing.

    A state legislative body is entitled to express displeasure with a member’s actions, which by itself does not violate the First Amendment, as the Supreme Court recently ruled.

    But in Libby’s case, the Maine House went further, much further. When Libby refused to apologize for her protected speech, the House speaker declared she would be barred from speaking on the House floor or voting on any legislation until she capitulated. Thus, the House majority party has precluded Libby from doing her job and effectively disenfranchised her constituents, end-running Maine constitutional provisions that say a representative cannot be expelled absent a two-thirds vote or recall election. 

    These actions are a clear example of retaliation based on constitutionally protected speech and amount to removal of an elected representative essentially because the House majority disagrees with her views or how she chose to express them. Sixty-nine years ago the U.S. Supreme Court held that a state legislature could not refuse to seat a duly elected member because of his public statements about the Vietnam War: “The manifest function of the First Amendment in a representative government requires that legislators be given the widest latitude to express their views on issues of policy.” 

    This is still the law. Under the constitution, the Maine House cannot censor Libby as it has done.

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  • Liberty University must face former trans worker’s discrimination claim, judge rules

    Liberty University must face former trans worker’s discrimination claim, judge rules

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    A worker who was fired by Liberty University for disclosing her transgender status and announcing her intention to transition may proceed with her employment discrimination case against the institution, a Virginia district court judge ruled Feb. 21 (Zinski v. Liberty University). 

    The case involved a worker who was hired in February 2023 as an IT apprentice at the university’s IT help desk. She received positive performance reviews until July of that year, when she emailed Liberty’s HR department, explaining that she was a transgender woman, had been undergoing hormone replacement therapy and would be legally changing her name, according to court documents. An HR representative promised to follow up with her.

    Shortly thereafter, after hearing nothing, the worker reached out again and was scheduled for a meeting later the same day. She was presented with a letter terminating her employment and explaining that her decision to transition violated Liberty’s religious beliefs and its Doctrinal Statement. 

    In response to the worker’s lawsuit, Liberty University argued that Title VII of the Civil Rights Act of 1964 (among other laws) allow religious employers to discriminate on the basis of religion, contending that the worker’s firing was religion-based rather than sex-based in discriminatory nature. 

    While Judge Norman Moon appreciated that the case presents a “novel question of law in the Fourth Circuit,” he ultimately found current case law didn’t fully or clearly support the university’s argument. 

    “If discharge based upon transgender status is sex discrimination under Title VII generally, it follows that the same should be true for religious employers, who, it has been shown, were not granted an exception from the prohibition against sex discrimination,” Judge Moon said in his order denying the university’s motion to dismiss the case. “They have been entitled to discriminate on the basis of religion but on no other grounds.”

    Judge Moon pointed out that “no source of law … answers the question before us,” but “we find that a decision to the contrary would portend far-reaching and detrimental consequences for our system of civil law and the separation between church and state.”

    “This case — and the law it implicates — points to the delicate balance between two competing and laudable objectives: eradicating discrimination in employment, on the one hand, and affording religious institutions the freedom to cultivate a workforce that conforms to its doctrinal principles, on the other,” Moon wrote. “We find that our holding today — that religious institutions cannot discriminate on the basis of sex, even if motivated by religion — most appropriately maintains this balance.”

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  • Ed Department investigates SJSU, UPenn over trans athletes

    Ed Department investigates SJSU, UPenn over trans athletes

    The Trump administration launched its first Title IX investigations into transgender athletes participating in college sports on Thursday, targeting San José State University and the University of Pennsylvania, according to a press release. The investigations came a day after President Trump signed an executive order banning transgender athletes from women’s sports and single-sex facilities.

    San José State and Penn are pointed choices for the first investigations by the Office for Civil Rights: Both were at the center of high-profile controversies over their acceptance of trans athletes on women’s teams. At SJSU, reports that one member of the women’s volleyball team was transgender spurred a months-long conflict in the NCAA last year, prompting a slew of teams to forfeit their games against the university in protest. And Penn swimmer Lia Thomas’s performance in 2022 led to an explosion of conservative backlash against trans athletes.

    “The previous administration trampled the rights of American women and girls—and ignored the indignities to which they were subjected in bathrooms and locker rooms—to promote a radical transgender ideology,” Craig Trainer, the department’s acting assistant secretary for civil rights, wrote in a statement. “That regime ended on January 20, 2025.”

    The press release also said that the Office for Civil Rights is “actively reviewing athletic participation policies” at other institutions.

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