By Emily Nixon
On Jan. 20, President Donald Trump signed Executive Order 14168, which legally defined two sexes to be recognized by the federal government. Due to this redefinition of what the federal government will officially recognize as a valid sex/gender, the provisions granted to students by Title IX have changed.
“Title IX: Title IX of the Education Amendments of 1972 (“Title IX”) is a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities at universities receiving federal funds,” as stated on the Brooklyn College Title IX Webpage.
Regulations from 2024 expanded the law to provide protections for students and staff against “discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity,” according to the Federal Register. These distinct protections have since been revoked as the executive order refused to acknowledge “gender” as a valid term to identify a person.
The executive order describes “gender identity” as “[…] a fully internal and subjective sense of self, disconnected from biological reality and sex and existing on an infinite continuum, that does not provide a meaningful basis for identification and cannot be recognized as a replacement for sex,” as stated in paragraph G of subsection two.
Along with the revocation of gender as an identifying feature, students who do not identify with the sex they were identified at birth will no longer be recognized by the federal government.
“‘Female’ means a person belonging, at conception, to the sex that produces the large reproductive cell,” states the executive order. The order repeats the same terminology for the male counterpart, replacing “female” with “male” and “large” with “small”.
Title IX is bound by the recognition and definitions given by the federal government. Eliminating the recognition of chosen gender and non-cisgender identities removes the explicit protections of Title IX for students who identify as transgender, nonbinary, gender-fluid, or anything besides cisgender.
Another challenge transgender and non-cisgender students might face is having their ability to use the restroom and locker rooms of their preferred gender taken away.
“Agencies shall effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity,” states paragraph D of subsection four.
Despite this, many colleges have their own policies to help protect their LGBTQIA+ students.
BC, along with other CUNY schools, has an “Equal Opportunity and Non-Discrimination” policy.
“[BC] prohibits discrimination and harassment based on race, color, creed, national origin, ethnicity, ancestry, religion (including antisemitism and Islamophobic discrimination), age, sex (including pregnancy, childbirth, and related conditions), sexual orientation, gender, gender identity,” states the BC Office of Diversity and Equity webpage. “ [Along with] marital status, partnership status, disability, genetic information, alienage, citizenship, military or veteran status, status as a victim of domestic violence/stalking/sex offenses, unemployment status, or any other legally prohibited basis in accordance with federal, state, and city laws.”
BC also sent out an email to its students on Feb. 4, announcing the switch from the 2024 regulations to the 2020 regulations. The email provides context to changes from the policy regression and lists centers for students to go to for support.
The email states, “CUNY’s 2020 Policy on Sexual Misconduct (attached here) replaces the fully rescinded 2024 Policy on Sex-Based Misconduct as the policy applicable to all open and future Title IX matters, including all ‘open Title IX investigations initiated under the 2024 Rule.’” The Women’s Center, the BC Health Clinic, as well as the Personal Counseling Center, are all listed as places of support for BC students.
Trump has been aiming to cut the Department of Education (DOE) according to NPR. The DOE is responsible for providing aid to students through programs such as the FAFSA and student loans, while also enforcing and administering new regulations as they are passed to federal laws pertaining to schools and education, including Title IX.
In addition, BC is a public institution that receives federal funding, which means that the federal government could threaten to pull funds if they find any funds allocated within BC that promote gender ideology.
“Federal funds shall not be used to promote gender ideology. Each agency shall assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology,” states the executive order paragraph G of subsection three.
Title IX is not the only document affected by Executive Order 14168. Multiple federal documents have been rescinded by the order which directly deal with and affect LGBTQIA+ students.
“Each agency head shall promptly rescind all guidance documents inconsistent with the requirements of this order or the Attorney General’s guidance issued under this order, or rescind such parts of such documents that are inconsistent in such manner,” states paragraph C of subsection seven. “Such documents include […] the Department of Education’s guidance documents including: 2024 Title IX regulations: Pointers for implementation, U.S. Department of Education Toolkit: Creating Inclusive and Nondiscriminatory School Environments for LGBTQI+ Youth and Families in School [and its Spanish version], Supporting Transgender Youth in School, Letter to educators on Title IX 49th Anniversary.”
As more legislation comes out that will affect LGBTQIA+ students, the more vigilant students need to remain to fully understand their rights and protections.
BC students who may be affected by the changes in Title IX can find more information at: https://www1.cuny.edu/sites/title-ix/?post_type=campus_profile&p=162