Tag: transgender

  • Trump’s transgender sports ban challenged in expanded New Hampshire lawsuit

    Trump’s transgender sports ban challenged in expanded New Hampshire lawsuit

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    Dive Brief:

    • Two transgender high school athletes are challenging in federal court President Donald Trump’s Feb. 5 executive order banning transgender girls and women from participating in sports aligned with their gender identity.
    • Originally filed against a New Hampshire state law that bars transgender girls in grades 5-12 from playing school sports, the lawsuit filed by Parker Tirrell and Iris Turmelle, is expanding to include Trump and the federal departments of justice and education among the defendants.
    • Tirrell and Turmelle, represented by GLAD Law and the ACLU of New Hampshire, allege Trump’s executive order is discriminatory and violates their federal equal protection guarantees under the 14th Amendment and their rights under Title IX. 

    Dive Insight:

    Henry Klementowicz, deputy legal director at ACLU of NH, said in a Wednesday statement that every child in the state deserves “a right to equal opportunities at school.”

    “We’re expanding our lawsuit to challenge President Trump’s executive orders because, like the state law, it excludes, singles out, and discriminates against transgender students and insinuates that they are not deserving of the same educational opportunities as all other students,” Klementowicz said. 

    The U.S. District Court for the District of New Hampshire previously ordered in September that the two students could play sports on teams corresponding with their gender identities while Tirrell and Turmelle v. Edelblut advanced. 

    Trump’s “No Men in Women’s Sports” executive order, which is now being targeted by the lawsuit, calls for a recission of all federal funds from educational programs that allow transgender girls and women to participate in girls’ sports. The order also directs the U.S. secretary of education to zero in on Title IX enforcement against K-12 schools and colleges where girls and women are required “to compete with or against or to appear unclothed before males.”

    The day after Trump issued that executive order, the U.S. Department of Education opened Title IX investigations into a middle and high school athletics association in Massachusetts, as well as two universities, on the basis that they allowed transgender girls and women to play on teams aligned with their gender identity. 

    Trump’s order further directs the U.S. Department of Justice to abide by the nationwide vacatur from a recent court order by a federal judge who struck down the Biden administration’s Title IX rule in January. The Biden-era Title IX rule was the first time protections were codified for LGBTQI+ students and employees at federally funded schools under the anti-sex discrimination law. 

    After that January court decision, the Education Department said it would enforce the Title IX regulations finalized in 2020 during the first Trump administration.

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  • Trump Signs Executive Order to Ban Transgender Student-Athletes from Participation in Women’s Sports

    Trump Signs Executive Order to Ban Transgender Student-Athletes from Participation in Women’s Sports

    by CUPA-HR | February 11, 2025

    On February 5, President Trump signed an executive order titled “Keeping Men Out of Women’s Sports.” The order aims to bar transgender women and girls from participating in women’s sports by directing agencies to withdraw federal funding from schools that refuse to comply with the order.

    The EO claims that, in recent years, educational institutions and athletic associations have allowed men to compete in women’s sports, which the Trump administration believes denies women and girls equal opportunity to participate in competitive sports, thus violating Title IX. As a result, the EO sets policy to “rescind all funds from educational programs that deprive women and girls of fair athletic opportunities” and to “oppose male competitive participation in women’s sports more broadly.”

    With respect to the specific actions ordered, the EO directs the secretary of education to ensure compliance with the court order to vacate the Biden administration’s Title IX rule and to take other actions to ensure that the 2024 regulations do not have effect. It also directs the secretary to take action to “protect all-female athletic opportunities” by setting forth regulations and policy guidance that clearly specifies and clarifies “that women’s sports are reserved for women.”

    Notably, the EO further directs all federal agencies to review grants to educational programs and to rescind funding to programs that fail to comply with policy set forth in the EO. Institutions with grant programs deemed to be noncompliant with this order could, therefore, risk losing federal funding for that program.

    The EO also seeks quick enforcement by federal agencies. The EO orders the Department of Education to prioritize Title IX enforcement actions against educational institutions and athletic associations that “deny female students an equal opportunity to participate in sports and athletic events.” The Department of Justice is also tasked with providing resources to relevant agencies to ensure “expeditious enforcement” of the policy set forth in the EO.

    Finally, the EO directs the assistant to the president for domestic policy to convene both major athletic organizations and state attorneys general to promote policies consistent with Title IX and identify best practices in enforcing equal opportunities for women to participate in sports.

    On February 6, the NCAA updated its policy regarding transgender student-athlete participation in response to the EO. According to the NCAA, the new policy limits competition in women’s sports to student-athletes assigned female at birth, but it allows student-athletes assigned male at birth to practice with women’s teams and receive benefits while practicing with them. For men’s sports, student-athletes may participate in practice and competition regardless of their sex assigned at birth or their gender identity, assuming all other eligibility requirements are met.

    Institutions should review their policies and practices in light of the EO and the NCAA’s policy change. CUPA-HR will continue to monitor for Title IX updates and keep members apprised of new enforcement under the Trump administration.



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  • This week in 5 numbers: Trump bans transgender students from women’s sports

    This week in 5 numbers: Trump bans transgender students from women’s sports

    From an executive order that requires colleges to ban transgender women from gender-aligning sports teams to a multi-billion shortfall in the Pell Grant program, here are the top-line figures from some of our biggest stories of the week.

    By the numbers

     

    100%

    The portion of federal funding to colleges, K-12 schools and other education programs could lose if they allow transgender girls and women to participate on sports teams aligning with their gender identity. The new policy stems from an executive order President Donald Trump signed Wednesday.

     

    42

    The number of pages in a lawsuit seeking to block Trump’s executive orders targeting diversity, equity and inclusion activities, including those in higher education. The complaint — filed by the American Association of University Professors and the National Association of Diversity Officers in Higher Education — described Trump’s orders as overly vague, an overstep of presidential authority, and a threat to free speech.

     

    $2.7 billion

    The projected deficit of the federal Pell Grant program at the end of fiscal year 2025, according to a January report from the Congressional Budget Office. One nonprofit warned the shortfall could lead to program cuts in fiscal 2026 on par with those seen during the Great Recession.

     

    4.3%

    The rise in state funding for higher ed in fiscal 2025 before inflation, according to early data from the State Higher Education Executive Officers Association’s annual Grapevine report. In all, 41 states increased their higher funding or held it flat, while nine cut it back.

     

    3

    The number of military colleges under control of the U.S. Department of Defense. Defense Secretary Pete Hegseth ordered the trio to nix all race-, ethnicity- or sex-based admissions goals and DEI efforts, and required them to teach that “America and its founding documents remain the most powerful force for good in human history.”

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