Edited by Samantha Ruenzi and Alex Elstrodt
The anti-transgender movement has once again narrowed the meaning of Title IX, such that it can be used to discriminate against not only transgender youth, but all youth in public schools. This discrimination has escalated to the point where the Department of Education (DOE) is withholding funding from public schools that have policies that support transgender students, disadvantaging public school systems as a whole.
In 2025, the Trump administration unleashed an onslaught of lawsuits against several school districts, claiming they were violating Title IX by creating all-gender bathrooms or allowing transgender students to play in girls’ sports: In February, the administration sued a public school in Maine. In July, it sued California Public Schools, and in August, the DOE claimed Colorado’s Denver Public School District was violating Title IX protections against “sex-based discrimination” by creating all-gender bathrooms. The department ordered the district to use biological definitions for “male” and “female,” also demanding they convert their restrooms back into single gender spaces, further threatening them with the risk of “unspecified enforcement action” for noncompliance.
It is crucial to note that the creation of these all-gender bathrooms was not a Title IX violation, as those who prefer to use single gender bathrooms still had the option to do so—just one all-gender bathroom did not limit that option in any way. Framing these inclusive policies as a violation of Title IX was one of the many incidents in which the Trump administration has abused its federal authority to discriminate against youth.
Under the Biden Administration, the DOE amended Title IX to expand protections to LGBTQ individuals, not just cisgender women. Under Biden’s amendment, the DOE made it a point to state that not allowing transgender students to participate in sports is a violation of Title IX as they understood it. On September 28th of this year, the DOE formally rescinded Biden’s ruling, once again applying Title IX to only biological females. This rescission makes clear that the Trump administration opposes the spirit of the law by using Title IX to discriminate when Title IX was put in place to prevent discrimination. Even if the Trump administration truly wants to protect women, Biden's amendment should stand, as expanding protections for one group does not discriminate against another.
Trump’s anti-transgender views and policies are not only affecting transgender students, but all students in the districts from which he is threatening to withhold funding. The federal funding currently in place supports English language learner services, teacher professional development, and after-school learning programs. Should parents who need after-school care suffer because the Trump Administration doesn’t believe transgender students have identities worthy of protection? The Trump Administration’s discriminatory policies result in negative effects on all public-school students, specifically those who are already disenfranchised: English language learners, disabled students, and students with working parents.
In August 2025, Virginia’s Fairfax County Public Schools and its neighboring district, Arlington Public Schools, attempted to fight back. The counties filed a lawsuit against the Trump Administration, claiming that allowing students to use the bathrooms of their choice was not a Title IX violation, and that the $167 million federal funding cut was not valid. The case argued that both the schools’ district’s transgender policies complied with the Virginia Values Act, protecting students from gender discrimination. Additionally, they argued that the policies gave all students equal access to facilities and did not violate Title IX because they did not discriminate against a specific group. However, the 4th U.S. Circuit Court of Appeals denied the county’s request to block the funding restriction, and the case failed on procedural grounds.
This past summer, the Trump administration faced more resistance. In July, the DOE sent a letter to Colorado’s Jefferson County School District. The letter claimed (like all the previous claims) that the district violated Title IX by allowing transgender students to use their preferred bathrooms and by allowing transgender girls to play on girls’ teams. In this case, federal officials threatened to take away all $50 million of the district's funding reserved for school meals and special education if the district did not reverse these policies.
However, despite the setback in Fairfax County, Jefferson County fought with persistence. Rob Stein, the district’s superintendent, sued the Trump administration for threatening the funding cuts and misinterpreting Title IX. Stein went further in arguing that complying with Trump’s policies would violate Colorado’s antidiscrimination law, which prohibits discrimination based on protected characteristics, one being gender identity/expression. Although this lawsuit is still ongoing, it is an imperative step in fighting back against anti-transgender discrimination. This lawsuit indicates that Trump’s policies are discriminatory and that to comply with them might violate crucial anti-discrimination laws. As this administration continues to implement these bigoted policies, we must, as Rob Stein has done, fight with resilience and understand the true implications behind Trump’s policies.