House Republicans file bill to bar trans students from bathrooms, sports teams

Read more at The Hill.

House Republicans introduced legislation Tuesday to ban transgender girls from participating in girls’ school sports, moving to advance one of the Trump administration’s top priorities. 

The measure, titled the Safety and Opportunity for Girls Act, would define “male,” “female” and “sex” by reproductive function in Title IX, the federal civil rights law against sex discrimination in education. Schools receiving federal funds would be barred from allowing transgender students to use restrooms or locker rooms or play on sports teams that match their gender identity, according to the bill, sponsored by Rep. Mary Miller (R-Ill.). 

Miller introduced a similar measure to block locker room access for transgender students in March and spearheaded an earlier effort to reverse former President Biden’s expanded nondiscrimination protections for transgender students under the Congressional Review Act last summer. 

A news release from Miller’s office says the latest bill, which has 11 Republican co-sponsors, would preserve Title IX’s “original intent” and shield the decades-old law from reinterpretation “by radical leftists or activist judges.” 

President Trump’s administration has argued repeatedly that Title IX already prohibits transgender girls from competing on girls’ sports teams or using girls’ bathrooms and changing rooms at school. More than two dozen investigations into states, schools and athletic associations that accommodate transgender students have been opened since Trump’s return to office in January. 

School officials in states including California, Maine, Minnesota and Virginia assert their policies are compliant with state and federal law. 

A February executive order signed by Trump states that the U.S. opposes “male competitive participation in women’s sports” as a matter of “safety, fairness, dignity, and truth.” Trump warned schools at a signing ceremony that his administration was putting them “on notice.” 

“If you let men take over women’s sports teams or invade your locker rooms, you will be investigated for violations of Title IX and risk your federal funding,” he said. 

The Supreme Court agreed in July to decide whether states can ban transgender athletes from competing in girls’ and women’s school sports. Since 2020, more than half the nation has adopted laws barring trans students from participating on teams that match their gender identity. 

Laws in four states — Arizona, Idaho, Utah and West Virginia — are blocked by court orders, and New Hampshire’s ban on trans athletes is partially blocked. In February, the two New Hampshire high schoolers suing the state expanded their challenge to include the Trump administration. 

House Republicans, joined by two Democrats, passed legislation in January to ban transgender student-athletes from girls’ sports teams — an effort ultimately thwarted by Senate Democrats. 

Trump administration is using anti-trans orders to roll back sports opportunities for all girls

*This is reported by LGBTQ Nation.

The Trump administration is using its anti-trans actions to try to dismantle civil rights for both trans and cis women alike – and it’s taking an unusual route to do so.

The Department of Energy (DOE) is seeking to rescind the section of Title IX that says schools must allow students to play on sports teams with the opposite sex if there is no team for their sex available (unless the sport is a contact sport). The rule has allowed girls to play on boys’ teams in schools that don’t offer an equivalent girls’ team.

The DOE claims the policy “ignore[s] differences between the sexes which are grounded in fundamental and incontrovertible reality” and says eliminating it aligns with Donald Trump’s anti-trans executive order, “Keeping Men Out of Women’s Sports.”

The rescission of the rule would only apply to schools that receive funding from the DOE, which provides money to some schools for research and other programs, such as its Renew America’s School grant to assist with energy upgrades.

What’s more, the administration is exploiting a loophole to try to rush the rule change through without the standard 60-day public comment period. The DOE is using a process called a direct final rule (DFR), which does not require the formal rulemaking process but is typically used for simple changes, such as form updates.

The DFR process allowed the rule change to take effect on July 15 unless “significant adverse comments” had been submitted by June 16. Thousands of comments were submitted, though they are not visible to the public. It’s not clear whether the rule will officially take effect.

If the rule does change, it will not only affect trans athletes. Schools that receive DOE funding will no longer be required to allow cisgender girls to play on boys’ teams when a girls’ team does not exist.

Shiwali Patel, senior director of safe and inclusive schools for the National Women’s Law Center, told K-12 Dive the change is “blatant sexism, and harmful to women and girls.”

″The Trump administration is trying to gut long-standing Title IX protections that intend to provide women and girls with more opportunities to play sports, and without following the legally required rulemaking process, no less.”

Patel added that the administration clearly “doesn’t actually care about ‘protecting’ women and girls,” as it has used this claim to justify its crusade against trans rights, especially when it comes to trans student-athletes.

Julia Martin, director of policy and government affairs at legal and consulting group The Bruman Group, explained that the administration was able to keep the proposed rule change under wraps for so long because no one would have expected it to come from the DOE, as the Department of Education typically handles these kinds of policies.

The proposed change, in fact, was slipped into the middle of a list of 47 so-called “burdensome and costly regulations” outlined in a DOE press release in May announcing the department’s plan for a major overhaul to puportedly “save the American people an estimated $11 billion and cut more than 125,000 words fro the Code of Federal Regulations.”

“Part of what I see happening is this sense of overwhelm,” Kel O’Hara, senior attorney for policy and education equity at Equal Rights Advocates, told HuffPost. “There’s so much happening that it’s hard to follow. [The Trump administration] is trying to put these things through back doors, which makes it hard for the people who normally keep an eye on these things to catch it.”

O’Hara said the administration’s use of the DFR process is also worrisome for the future of other civil rights protections. “The really concerning part from my perspective is that this could essentially provide a blueprint for dismantling civil rights protections across the board.”

A second proposed rule change also seeks to rescind similar Title IX protections for education programs. The administration is also using the DFR loophole to try to push this change through on the same timeline.

Trump admin cut off food aid for kids in Maine to punish state over trans athletes. They’re suing.

*This is being reported by LGBTQNation.

When Maine Gov. Janet Mills (D) told President Donald Trump, “See you in court,” she meant it.

On Monday, Maine sued the U.S. Department of Agriculture (USDA) and Secretary of Agriculture Brooke Rollins over the department’s halt on federal funding for education programs in the state in retaliation for its refusal to ban transgender women and girls from school sports.

As Reuters notes, Rollins announced the funding freeze in an April 2 letter to Mills, saying that the decision was “only the beginning” but that the governor could “end it at any time by protecting women and girls in compliance with federal law.” The funding freeze jeopardizes programs that provide free or reduced-price meals to children in Maine schools, childcare centers, and after-school programs.

Mills has publicly clashed with the administration, and with Trump specifically, over its assertion that allowing transgender women and girls to participate in women’s and girls’ sports violates Title IX, the federal civil rights law that prohibits discrimination on the basis of sex in schools that receive federal funding.

In February, the Maine Principals Association announced that it would not comply with Trump’s February 5 executive order banning transgender student-athletes from participating in girls’ and women’s sports. After Trump threatened to cut off the state’s funding, Mills and Maine Attorney General Aaron Frey accused the president of using school children “as pawns in advancing his political agenda” and vowed to “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,” Mills said.

During a February 21 meeting with Democratic and Republican governors at the White House, Trump singled out Mills, asking whether she planned to comply with his anti-trans executive order. Mills said that her state was “complying with the state and federal laws.” When Trump continued to petulantly insist that Mills comply with his order, the governor told the president she would see him in court.

In its lawsuit, Maine calls the USDA’s funding freeze a “blatantly unlawful action” in violation of the Administrative Procedures Act. Rollins, the state argues, “took this action without following any of the statutory and regulatory requirements that must be complied with when terminating federal funds based on alleged violations of Title IX.”

The state argues that Rollins provided no legal basis for her assertion that by allowing trans students to participate in women’s and girls’ sports, Maine is in violation of Title IX and that her interpretation of the law is wrong. “Indeed, several federal courts have held that Title IX and the Equal Protection Clause require schools to permit transgender girls and women to play on girls’ and women’s teams,” the complaint reads.

However, the state is not asking the court to interpret Title IX. It merely asks the court to vacate Rollins’s “arbitrary, capricious” funding freeze for failing to meet the “statutory and regulatory requirements that the federal government must comply with before it may freeze federal funds owed to a state.”

In a statement, Frey said that Trump “and his cabinet secretaries do not make the law, and they are not above the law, and this action is necessary to remind the president that Maine will not be bullied into violating the law.”

GOP Senator Proposes Legislation to Strip Legal Recognition of Transgender Individuals

This blog is originally appeared at LGBTQ Nation.

He claimed that his experience delivering babies proves that transgender people don’t actually exist, though his argument remains unclear.

Washington, D.C. — Senator Roger Marshall (R-Kansas) questioned Secretary of Homeland Security Alejandro Mayorkas at a Senate Homeland Security and Governmental Affairs Committee hearing focused on the President’s proposed budget request for the Department of Homeland Security for fiscal year 2025. The hearing examined resources and authorities requested to protect the homeland.

This week, Sen. Marshall introduced the “Defining Male and Female Act of 2024,” a bill aimed at legally erasing the recognition of transgender individuals. Marshall argued that the bill is a response to what he describes as the Biden administration’s effort to “replace biological sex with dangerous radical gender ideology.”

The proposed legislation consists largely of definitions, with terms like “father” and “girl” now explicitly tied to the words “male” and “female.” Under the bill, “male” and “female” are defined as individuals who “naturally have, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm or eggs for fertilization.”

Marshall claims the bill would prevent transgender individuals from participating in school sports and ensure “sex separation” in spaces like restrooms, locker rooms, dorms, prisons, and shelters for victims of sexual assault.

“As a physician who has delivered over 5,000 babies, I can confidently say that politicizing children’s gender and using them as pawns in a radical woke agenda is not only wrong, it is extremely dangerous,” Marshall said. However, his experience as a former OB/GYN does not make him an expert on transgender issues. “We must codify the legal definition of sex based on science, not feelings. With this legislation, we can fight back against the Biden-Harris Administration’s assault on our children.”

Marshall’s assertion that the Biden administration is behind the existence of transgender people is inaccurate; transgender individuals have existed long before Biden’s presidency and will continue to exist long after it. Transgender people are not an “ideology”; they are human beings.

A similar bill was introduced in July in the House of Representatives by Rep. Mary Miller (R-IL), who also claimed her bill would prevent Title IX protections from applying to transgender people. However, the argument that transgender individuals are not protected by Title IX hinges on the notion that discrimination based on gender identity is discrimination based on sex assigned at birth. In other words, if a school allows cisgender girls to compete on a sports team but excludes transgender girls, this constitutes discrimination based on sex, as the only difference between the two groups is their sex assigned at birth. Title IX bans sex-based discrimination in education.

While Marshall’s bill is unlikely to pass in the current Senate controlled by Democrats, its introduction could signal plans to reintroduce it next session when Republicans are projected to regain control of the chamber.

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