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title ix
'We Will Fight': Denver Schools Defy Trump's Attacks on Trans Students Despite Threats to Federal Funds
"The district has made clear it will not fold quietly, signaling that some institutions still have the resolve to stand against a federal campaign of erasure," wrote one LGBTQ+ rights journalist.
Sep 03, 2025
As educational institutions around the country capitulate, Denver's public school system said Tuesday that it would defy demands from the Trump administration to discriminate against transgender students even if it means losing federal funds.
Alex Marrero, the superintendent of Denver Public Schools (DPS), said the school "will protect all of their students from this hostile administration," by refusing to implement a ban on gender-neutral bathrooms mandated by Trump's Department of Education.
On Thursday, the department's Office for Civil Rights (OCR) sent Denver Public Schools an email demanding that the school remove a multi-stall, gender-neutral restroom at one of its high schools, which it claimed violated Title IX of the Civil Rights Act.
As Erin Reed, an independent journalist who covers LGBTQ+ rights, notes, the facility built by DPS and other schools is "similar to facilities in major airports, European cities, and increasingly across the United States." The school, meanwhile, has said that the facility was requested by students themselves and has 12-foot high partitions to protect their privacy.
The OCR went further. To be compliant with Title IX, it said, the school also had to "adopt biology-based definitions for the words 'male' and 'female'," meaning they needed to classify transgender students by their biological sex at birth rather than their preferred identities, including banning them from restrooms that do not correspond to their biological sex.
The Trump administration also called on the school to eliminate components of its "LGBTQ+ Toolkit," which includes guidance on how students and faculty can create a welcoming environment for their trans peers. Among other things, the document encourages members of the school community to step in to stop bullying of LGBTQ+ students, respect the preferred pronouns of all students, and for faculty to enforce dress codes in a gender-neutral way.
As Reed put it, the department was effectively "claiming that Title IX actually mandates discrimination against transgender students."
If DPS refused to comply within 10 days, the department threatened to strip the district of federal funding, which makes up 7% of the school's annual budget, according to Chalkbeat. A large portion of that federal money goes toward low-cost school lunches for poor children.
In a statement issued Tuesday, DPS's school board and administration put out a statement "disagreeing unequivocally" with the government's interpretation of the law.
"Title IX permits schools to provide sex-separate restrooms. It does not require that to be the only option," DPS argued. "The interpretation put forward by OCR would undercut our equity commitments, contradict our mission, harm the very students we are entrusted to support, and would have a devastating impact on East High School and the broader LGBTQ+ community. What matters most is that students are safe, have privacy, and can learn without fear."
"The decision to implement gender-neutral restrooms at East followed direct feedback from LGBTQ+ students who reported they did not feel safe," the statement continued. "For these students, access to a restroom where they feel secure is not symbolic. It is about dignity, health, and the ability to learn. When students speak, we listen and we act."
Superintendent Marrero, meanwhile, put out a short video on Instagram expressing his support for the district's LGBTQ+ students.
"As you might have seen in the news, the federal government has decided to take a firm stance and have us roll back our support to the LGBTQ+ community, and of course, we're not having it," Marrero said. "We will continue to stand in solidarity, and as you engage this weekend and beyond, I just wanted to let you know that we got you, and everything is going to be ok."
In a statement published alongside the video, Marrero wrote: "We will fight. In the courts, if we must. In the public square, when necessary. Always in partnership with those who believe that every student deserves to show up to school ready to learn, free from fear."
With this pledge to stand by its LGBTQ+ students, DPS joined five school districts in Virginia that last month responded with similar defiance when the Trump administration ordered them to stop allowing trans students to use bathrooms matching their gender. Those districts—which include Loudoun, Arlington, and Fairfax Counties—have launched a lawsuit against the Trump administration to keep their federal funding.
"Elite institutions like Brown, Columbia, and Penn—as well as multiple hospitals serving transgender youth—have already capitulated, signing away protections through bathroom and sports bans or cutting off medical care entirely," Reed wrote. "Denver Public Schools, by contrast, has drawn a line. With the Department of Education's deadline looming next Monday, the district has made clear it will not fold quietly, signaling that some institutions still have the resolve to stand against a federal campaign of erasure."
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Governor Mills Stood up for Students and Survivors—Who Will Join Her?
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.
Mar 27, 2025
“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.
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'See You in Court,' Maine Governor Says to Trump's Face After Funding Threat
The president threatened to cut off federal funding to the state for respecting the identities of trans student-athletes.
Feb 21, 2025
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 Star reported 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 News detailed 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 told Maine'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.
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