December 23, 2024
WASHINGTON — President-elect Donald Trump repeatedly said during the campaign that, if elected back to the White House, he would pursue a ban on transgender youth participating in school sports that align with their gender identity.
As he prepares to take office in January, experts and LGBTQ+ advocates told States Newsroom the effort would face significant delays and challenges as legal pushback from LGBTQ+ advocacy groups can be expected every step of the way.
Trump’s repeated vow to “keep men out of women’s sports” reflects his broader anti-trans agenda. Administration efforts would come as an increasing number of states have passed laws banning trans students from participating in sports that align with their gender identity.
The Trump-Vance transition team did not offer any concrete details when asked about specifics but shared a statement from spokesperson Karoline Leavitt.
“The American people re-elected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail,” Leavitt wrote. “He will deliver.”The video player is currently playing an ad.
Reversing the final rule for Title IX
The U.S. Education Department, under President Joe Biden, released updated regulations to Title IX in April that strengthen federal protections for LGBTQ+ students. The final rule does not explicitly reference trans athletes’ sports participation — a separate decision the administration put on hold.
The Education Department late Friday said it was withdrawing a proposed rule that would have allowed schools to block some transgender athletes from competing on sports teams that match their gender identities while also preventing across-the-board bans.
Title IX is a landmark federal civil rights law that bars schools that receive federal funding from sex-based discrimination.
The president-elect has pledged, while speaking about trans students’ sports participation, to reverse the Biden administration’s final rule for Title IX on his first day back in office.
The Biden administration’s final rule was met with forceful pushback from GOP attorneys general. A series of legal challenges in states across the country have created a policy patchwork of the final rule and weakened the Biden administration’s vision for enforcement.
But if Trump were to try to reverse the final rule, experts say the effort would take an extended period and require adherence to the rulemaking process outlined in the Administrative Procedure Act, or APA.
The APA rules how federal agencies propose and roll out regulations. That process can take months, creating a barrier for a president seeking to undo a prior administration’s rule.
Cathryn Oakley, senior director of legal policy at the Human Rights Campaign, an LGBTQ+ advocacy group, said that while a subsequent administration can undo the current Title IX regulations, it would take “a tremendous amount of work because a regulation has the force of law … so long as the administration has complied with the APA.”
For the Trump administration to undo those regulations, it would need to start at the beginning, propose its own rules and go through the entire process.
“I think it seems fairly likely that that’s something that they’re going to pursue, but that’s not something that the president has the capability to do on day one,” she said.
Oakley noted that the updated regulations also have the force of law because they interpret a law that already exists — Title IX.
The Trump administration is “bound by Title IX, which in fact has these protections related to gender identity,” she said.
Preparing to push back
But any action from the Trump administration regarding trans athletes’ sports participation is sure to be met with legal challenges from LGBTQ+ advocacy groups.
Oakley said though “we have many real reasons to be concerned” about what the Trump administration would do when it comes to Title IX protections and in general for LGBTQ+ people, “we also need to be cautious that we do not concede anything either.”
“We need to be trying to ground ourselves in the actual legal reality that the president-elect will be facing when he comes into office and be able to fight with the tools that we have and not concede anything in advance.”
Biden rule does not address athletics
The U.S. Education Department under Biden never decided on a separate rule establishing new criteria regarding trans athletes.
Shiwali Patel, a Title IX lawyer and senior director of safe and inclusive schools at the National Women’s Law Center, said “we could see some sort of announcement about changing the Title IX rule to address athletics” under the Trump administration.
“Given the rhetoric that has come out of the Trump administration and this continued focus on trans athletes, I think we very well should and could expect to see something from the Trump administration on this, which is very harmful,” Patel told States Newsroom.
The Trump administration could also try to pursue a national ban via legislation in Congress.
The U.S. House approved a bill last year that would prohibit trans athletes from competing in sports that align with their gender identity. And in July, the chamber passed a measure that would reverse Biden’s final rule for Title IX.
But Patel said she could not see how any measure in Congress could get through the U.S. Senate’s filibuster, which requires at least 60 votes to pass most legislation. There will be 45 Democratic senators in the incoming Congress, though independent Sens. Angus King of Maine and Bernie Sanders of Vermont caucus with the Democrats.
Despite Washington soon entering a GOP trifecta in the U.S. House, Senate and White House, narrow margins could hinder any potential anti-trans legislation from the Trump administration.
Broader anti-trans legislation
Across the country, 25 states have enacted a law that bans trans students from participating in sports that align with their gender identity, according to the Movement Advancement Project, or MAP, an independent think tank.
Logan Casey, director of policy research at MAP, said proponents of these sports bans are using them as a starting point to enact a broader anti-trans agenda.
“In many cases, these sports bans have been one of the first anti-trans laws enacted in recent years in many states, but then states that enact one of these sports bans then go on to enact additional anti-trans or anti-LGBTQ laws,” Casey told States Newsroom.
Casey described any controversy around trans people playing sports as “entirely manufactured.”
“In just five years, we’ve gone from zero states to more than half the country having one of these bans on the books, and that’s really, really fast in the policy world,” he said.
In March 2020, Idaho became the first state to enact this type of ban.
Wisconsin Examiner is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Wisconsin Examiner maintains editorial independence. Contact Editor Ruth Conniff for questions: info@wisconsinexaminer.com
WASHINGTON — President-elect Donald Trump repeatedly said during the campaign that, if elected back to the White House, he would pursue a ban on transgender youth participating in school sports that align with their gender identity.
As he prepares to take office in January, experts and LGBTQ+ advocates told States Newsroom the effort would face significant delays and challenges as legal pushback from LGBTQ+ advocacy groups can be expected every step of the way.
Trump’s repeated vow to “keep men out of women’s sports” reflects his broader anti-trans agenda. Administration efforts would come as an increasing number of states have passed laws banning trans students from participating in sports that align with their gender identity.
The Trump-Vance transition team did not offer any concrete details when asked about specifics but shared a statement from spokesperson Karoline Leavitt.
“The American people re-elected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail,” Leavitt wrote. “He will deliver.”The video player is currently playing an ad.
Reversing the final rule for Title IX
The U.S. Education Department, under President Joe Biden, released updated regulations to Title IX in April that strengthen federal protections for LGBTQ+ students. The final rule does not explicitly reference trans athletes’ sports participation — a separate decision the administration put on hold.
The Education Department late Friday said it was withdrawing a proposed rule that would have allowed schools to block some transgender athletes from competing on sports teams that match their gender identities while also preventing across-the-board bans.
Title IX is a landmark federal civil rights law that bars schools that receive federal funding from sex-based discrimination.
The president-elect has pledged, while speaking about trans students’ sports participation, to reverse the Biden administration’s final rule for Title IX on his first day back in office.
The Biden administration’s final rule was met with forceful pushback from GOP attorneys general. A series of legal challenges in states across the country have created a policy patchwork of the final rule and weakened the Biden administration’s vision for enforcement.
But if Trump were to try to reverse the final rule, experts say the effort would take an extended period and require adherence to the rulemaking process outlined in the Administrative Procedure Act, or APA.
The APA rules how federal agencies propose and roll out regulations. That process can take months, creating a barrier for a president seeking to undo a prior administration’s rule.
Cathryn Oakley, senior director of legal policy at the Human Rights Campaign, an LGBTQ+ advocacy group, said that while a subsequent administration can undo the current Title IX regulations, it would take “a tremendous amount of work because a regulation has the force of law … so long as the administration has complied with the APA.”
For the Trump administration to undo those regulations, it would need to start at the beginning, propose its own rules and go through the entire process.
“I think it seems fairly likely that that’s something that they’re going to pursue, but that’s not something that the president has the capability to do on day one,” she said.
Oakley noted that the updated regulations also have the force of law because they interpret a law that already exists — Title IX.
The Trump administration is “bound by Title IX, which in fact has these protections related to gender identity,” she said.
Preparing to push back
But any action from the Trump administration regarding trans athletes’ sports participation is sure to be met with legal challenges from LGBTQ+ advocacy groups.
Oakley said though “we have many real reasons to be concerned” about what the Trump administration would do when it comes to Title IX protections and in general for LGBTQ+ people, “we also need to be cautious that we do not concede anything either.”
“We need to be trying to ground ourselves in the actual legal reality that the president-elect will be facing when he comes into office and be able to fight with the tools that we have and not concede anything in advance.”
Biden rule does not address athletics
The U.S. Education Department under Biden never decided on a separate rule establishing new criteria regarding trans athletes.
Shiwali Patel, a Title IX lawyer and senior director of safe and inclusive schools at the National Women’s Law Center, said “we could see some sort of announcement about changing the Title IX rule to address athletics” under the Trump administration.
“Given the rhetoric that has come out of the Trump administration and this continued focus on trans athletes, I think we very well should and could expect to see something from the Trump administration on this, which is very harmful,” Patel told States Newsroom.
The Trump administration could also try to pursue a national ban via legislation in Congress.
The U.S. House approved a bill last year that would prohibit trans athletes from competing in sports that align with their gender identity. And in July, the chamber passed a measure that would reverse Biden’s final rule for Title IX.
But Patel said she could not see how any measure in Congress could get through the U.S. Senate’s filibuster, which requires at least 60 votes to pass most legislation. There will be 45 Democratic senators in the incoming Congress, though independent Sens. Angus King of Maine and Bernie Sanders of Vermont caucus with the Democrats.
Despite Washington soon entering a GOP trifecta in the U.S. House, Senate and White House, narrow margins could hinder any potential anti-trans legislation from the Trump administration.
Broader anti-trans legislation
Across the country, 25 states have enacted a law that bans trans students from participating in sports that align with their gender identity, according to the Movement Advancement Project, or MAP, an independent think tank.
Logan Casey, director of policy research at MAP, said proponents of these sports bans are using them as a starting point to enact a broader anti-trans agenda.
“In many cases, these sports bans have been one of the first anti-trans laws enacted in recent years in many states, but then states that enact one of these sports bans then go on to enact additional anti-trans or anti-LGBTQ laws,” Casey told States Newsroom.
Casey described any controversy around trans people playing sports as “entirely manufactured.”
“In just five years, we’ve gone from zero states to more than half the country having one of these bans on the books, and that’s really, really fast in the policy world,” he said.
In March 2020, Idaho became the first state to enact this type of ban.
Wisconsin Examiner is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Wisconsin Examiner maintains editorial independence. Contact Editor Ruth Conniff for questions: info@wisconsinexaminer.com
Trump vows to stop ‘transgender lunacy' and make two genders official US policy
At a conference for young conservatives in Arizona Sunday, US President-elect Donald Trump said the official policy of his upcoming administration would be the recognition of only two genders, male and female, as he pledged to end "transgender lunacy” on the first day of his presidency.
Issued on: 23/12/2024
By: NEWS WIRES
At a conference for young conservatives in Arizona Sunday, US President-elect Donald Trump said the official policy of his upcoming administration would be the recognition of only two genders, male and female, as he pledged to end "transgender lunacy” on the first day of his presidency.
Issued on: 23/12/2024
By: NEWS WIRES
US President-elect Donald Trump addresses Turning Point USA's annual AmericaFest convention in Phoenix, Arizona, December 22, 2024. © Josh Edelson, AFP
President-elect Donald Trump on Sunday pledged to "stop the transgender lunacy" on day one of his presidency, as Republicans — set to control both chambers of Congress and the White House — continue their push against LGBTQ rights.
"I will sign executive orders to end child sexual mutilation, get transgender out of the military and out of our elementary schools and middle schools and high schools," the president-elect said at an event for young conservatives in Phoenix, Arizona.
He also vowed to "keep men out of women's sports," adding that "it will be the official policy of the United States government that there are only two genders, male and female."
Speaking to the AmericaFest conference in a border state he easily carried in the November election, Trump further promised immediate measures against "migrant crime," vowed to designate drug cartels as foreign terrorist organizations, and doubled down on his talk of restoring US control of the Panama Canal.
Transgender issues have roiled US politics in recent years, as Democratic- and Republican-controlled states have moved in opposite directions on policy such as medical treatment and what books on the topic are allowed in public or school libraries.
Last week, when the US Congress approved its annual defense budget, it included a provision to block funding of some gender-affirming care for the transgender children of service members.
In his speech Sunday, which amounted to something of a victory lap, Trump made expansive promises for his second term — and drew a dark picture of the four years preceding it, under President Joe Biden and Vice President Kamala Harris, the latter of whom he defeated in the 2024 election.
"On January 20, the United States will turn the page forever on four long, horrible years of failure, incompetence, national decline, and we will inaugurate a new era of peace, prosperity and national greatness," Trump said, referring to his swearing-in.
'Golden age'
"I will end the war in Ukraine. I will stop the chaos in the Middle East, and I will prevent, I promise, World War III."
He added: "The golden age of America is upon us."
The president-elect has yet to explain publicly how he plans to bring a quick end to the war in Ukraine, or to bring peace to the Middle East.
But in the sort of bellicose language he sometimes used even against US allies in the past, Trump said Sunday that Panamanian authorities "haven't treated us fairly" in their operation of the Panama Canal.
He had said earlier that fees for use of the canal — construction of which was begun by France and completed by the United States — are "ridiculous."
President-elect Donald Trump on Sunday pledged to "stop the transgender lunacy" on day one of his presidency, as Republicans — set to control both chambers of Congress and the White House — continue their push against LGBTQ rights.
"I will sign executive orders to end child sexual mutilation, get transgender out of the military and out of our elementary schools and middle schools and high schools," the president-elect said at an event for young conservatives in Phoenix, Arizona.
He also vowed to "keep men out of women's sports," adding that "it will be the official policy of the United States government that there are only two genders, male and female."
Speaking to the AmericaFest conference in a border state he easily carried in the November election, Trump further promised immediate measures against "migrant crime," vowed to designate drug cartels as foreign terrorist organizations, and doubled down on his talk of restoring US control of the Panama Canal.
Transgender issues have roiled US politics in recent years, as Democratic- and Republican-controlled states have moved in opposite directions on policy such as medical treatment and what books on the topic are allowed in public or school libraries.
Last week, when the US Congress approved its annual defense budget, it included a provision to block funding of some gender-affirming care for the transgender children of service members.
In his speech Sunday, which amounted to something of a victory lap, Trump made expansive promises for his second term — and drew a dark picture of the four years preceding it, under President Joe Biden and Vice President Kamala Harris, the latter of whom he defeated in the 2024 election.
"On January 20, the United States will turn the page forever on four long, horrible years of failure, incompetence, national decline, and we will inaugurate a new era of peace, prosperity and national greatness," Trump said, referring to his swearing-in.
'Golden age'
"I will end the war in Ukraine. I will stop the chaos in the Middle East, and I will prevent, I promise, World War III."
He added: "The golden age of America is upon us."
The president-elect has yet to explain publicly how he plans to bring a quick end to the war in Ukraine, or to bring peace to the Middle East.
But in the sort of bellicose language he sometimes used even against US allies in the past, Trump said Sunday that Panamanian authorities "haven't treated us fairly" in their operation of the Panama Canal.
He had said earlier that fees for use of the canal — construction of which was begun by France and completed by the United States — are "ridiculous."
US President-elect Donald Trump regularly blames migrants from Latin America for exacerbating drug-related issues in the United States. © Josh Edelson, AFP
And he added Sunday that if the principles behind the 1970s treaty that gave Panama full control of the canal are not followed, "then we will demand" that it be returned to the United States "in full, quickly and without question."
Thousands of ships transit the key Central American waterway every year, making it critical to US and international commerce.
The president-elect, who regularly blames migrants from Latin America for America's drug problems, renewed his vow to immediately begin "the largest deportation operation in American history" upon taking office, and later went further, saying he would "immediately designate the (drug) cartels as foreign terrorist organizations."
"This criminal network operating on American soil will be dismantled, deported and destroyed," Trump said.
During his first term in 2019, after the killing in Mexico of nine American citizens from a Mormon community, Trump vowed to apply the terrorist designation to Mexican cartels.
But he relented following a plea from then-Mexican president Andres Manuel Lopez Obrador.
(AFP)
And he added Sunday that if the principles behind the 1970s treaty that gave Panama full control of the canal are not followed, "then we will demand" that it be returned to the United States "in full, quickly and without question."
Thousands of ships transit the key Central American waterway every year, making it critical to US and international commerce.
The president-elect, who regularly blames migrants from Latin America for America's drug problems, renewed his vow to immediately begin "the largest deportation operation in American history" upon taking office, and later went further, saying he would "immediately designate the (drug) cartels as foreign terrorist organizations."
"This criminal network operating on American soil will be dismantled, deported and destroyed," Trump said.
During his first term in 2019, after the killing in Mexico of nine American citizens from a Mormon community, Trump vowed to apply the terrorist designation to Mexican cartels.
But he relented following a plea from then-Mexican president Andres Manuel Lopez Obrador.
(AFP)
MAKE AMERIKA GREAT AGAIN!
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