Monday, February 10, 2025

For those wondering about the Title IX executive order

 I thought this, in Ohio Capital Journal, was quite good: 

But lawyers and Title IX experts told States Newsroom it remains to be seen how exactly schools across the country will enforce the executive order and how the administration would rescind federal funds for any schools failing to adhere.

Shiwali Patel, a Title IX expert and senior director of safe and inclusive schools at the National Women’s Law Center, said the “blatantly discriminatory” order is “extremely broad” and raises “a lot of questions.”

“It touches educational institutions, it touches international competitions, it touches immigration of trans women athletes, it calls for these convenings, it calls for state attorneys general to identify some enforcement mechanisms,” Patel said.

The order asks the assistant to the president for domestic policy to bring together state attorneys general to “identify best practices” in enforcing the ban.

The assistant is also responsible for bringing together “representatives of major athletic organizations and governing bodies” to promote such policies regarding trans athletes’ participation in women’s sports. 

Elana Redfield, a lawyer and federal policy director at the Williams Institute at the University of California, Los Angeles School of Law, which focuses on laws and policies affecting LGBTQ+ people, pointed out that the executive order “contains kind of broad language, including addressing locker rooms.”

“So, it suggests that any kind of space … for example, PE classes or locker rooms for use in elementary and high school, middle schools as well — those kinds of spaces would be affected,” she said. 

Kelli Rodriguez, assistant dean for academic affairs at Seattle University School of Law, said it’s going to be “really confusing for a while” and “a lot of waiting and seeing.”

Rodriguez, who is also the director of sports law at Seattle University School of Law, said “the one thing that’s different is that the executive order calls for, potentially, ramifications or punitive actions if institutions don’t comply.”

“I don’t know what that means yet, I think that’s one of the things that’s kind of outstanding — we’ll see what that means from an enforcement standpoint,” she said, noting that she thinks many schools right now are “very anxious” for what exactly those punitive actions would look like when it comes to federal funding.

Rodriguez also said she expects to see state attorneys general, individual athletes, parents of athletes and institutions challenge the executive order.


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