President Donald Trump delivered his inauguration speech in the Capitol Rotunda on Monday Jan. 20, and made multiple remarks about gender identity in the U.S. These comments, which were reflective of his previous term and the most recent campaign trail, furthered speculation about the future of Title IX under his administration.
Of the various executive orders Trump plans on signing on the first day of his term, one that has garnered online attention is one that would legally state that the U.S. government recognizes two genders.
“As of today, it will henceforth be the official policy of the United States government that there are only two genders: male and female,” Trump said.
Stephen Miller, former senior advisor and top aide to Trump, referenced this executive order at a rally in Washington, D.C., on Jan. 19.
“We’re not going to let the radical left indoctrinate our children into believing there’s 435 genders because President Trump knows there are men and there are women and it’s not up to you whether you’re a man or a woman,” Miller said.
“Fordham is committed to maintaining a community in which its members live, work, and learn in a safe and respectful environment that is free from all forms of sex- and gender-based discrimination.” Michele Burris, vice president for student affairs and interim Title IX coordinator
Title IX, the landmark civil rights law created in 1972, federally prohibits gender and sex-based discrimination in education programs that receive federal funding. Sex-based discrimination under Title IX extends to sexual harassment, stalking and domestic violence. In recent provisions launched by the Biden administration on Aug. 1, the protections of Title IX were clarified to encompass transgender students and students who are pregnant. Biden’s Title IX protections were struck down by a U.S. district judge on Jan. 9 on the grounds that it overstepped the powers of the president.
Michele Burris, vice president for student affairs and interim Title IX coordinator, wrote in an email that as a Jesuit institution, Fordham strives for an environment of equity among students on its campus.
“As stated in Fordham’s Sexual and Related Misconduct Policy and Procedures, Fordham is committed to maintaining a community in which its members live, work, and learn in a safe and respectful environment that is free from all forms of sex- and gender-based discrimination. As a Jesuit institution, our community standards are deeply grounded in dignity and respect for every member of our community,” Burris wrote.
Trump’s Title IX provisions from his previous term created a more exclusive definition of what falls under sexual harassment and required schools to hold hearings with cross-examinations when a sexual misconduct claim is filed.
“Fordham is operating under the 2020 Title IX Regulations which require a live hearing with cross examination for all reports that fall under the statute because of the July 2024 Kansas preliminary injunction, and now the recent federal decision to set aside the 2024 Title IX Regulations nationwide,” Burris wrote.
Although the regulations for cross-examination are already actively implemented for Title IX proceedings, some cases of sexual and related misconduct reports are guided by different measures.
Transgender students have been a particular target that Trump has gone after throughout his previous term and campaign trail.
“For sexual and related misconduct reports that do not fall under Title IX as defined in the 2020 Regulations, the hearing process does not include a live hearing with cross examination,” Burris wrote.
In May 2024, Trump discussed his thoughts on the additions to Title IX on “Kayal and Company,” a talk radio show. Trump said that he would prioritize rolling back policies designed to protect transgender students at the start of his term.
“We’re gonna end it on day one … Don’t forget, that was done as an order from the president. That came down as an executive order. And we’re gonna change it — on day one it’s gonna be changed,” Trump said.
Transgender students have been a particular target that Trump has gone after throughout his previous term and campaign trail. In 2017, he withdrew Obama-era federal protections for transgender students that allowed them to use restrooms and other facilities that corresponded with their gender identity. Civil rights organizations and activists denounced this decision, as Title IX explicitly states that gender and sex-based discrimination is not permitted.
The American Association of University Women (AAUW) issued a statement in 2018 from Kim Churches, their chief executive officer, in defense of transgender students. This followed widespread commentary regarding transgender students using bathrooms according to their gender identity.
“Schools have an obligation to ensure that all students — including transgender students — receive an education free of sex discrimination…We’ve said it before and we’ll say it again: transgender rights are civil rights. The Trump administration’s rejection of these complaints under Title IX is just another step to rescind and undermine vital civil rights protections,” Churches wrote.
Burris said that although she cannot theorize regarding claims of what Trump might sign into law, Fordham is watching out for any legislative decisions that could potentially generate problems for the student body.
“I would not want to speculate on potential changes that may be coming as President Trump takes office,” Burris wrote. “The University is closely monitoring the administration’s policies during the transition and we are prepared to move swiftly in evaluating and communicating the impact to our students should executive orders or legislation target Title IX protections.”
At the time of publication, no official changes to Title IX occurred, and the only legislative action regarding gender and sex was the aforementioned executive order.
