The White House on Wednesday said it had “鈥� $175 million in federal funding from the University of Pennsylvania after a transgender swimmer, Lia Thomas, in 2022 won several medals in Division I women’s swimming.

Also on Wednesday, the U.S. Education Department said its Office of Civil Rights had that the state of Maine violated federal Title IX anti-discrimination law after Katie Spencer, a young transgender pole vaulter, won a state championship last month. The department said Maine could jeopardize federal funding if it doesn鈥檛 鈥渟wiftly and completely鈥� reverse its policies.听

Protests followed after Thomas and Spencer听began competing in women鈥檚 competitions and fared better than they previously had in men鈥檚听events.

The moves follow through on a promise Trump made 16 days after his second inauguration, when he issued an threatening to rescind federal funding from schools that let transgender women play on women鈥檚 sports teams

As with other aspects of Trump鈥檚 presidency, it leaves institutions in the unenviable position of caving before an increasingly aggressive White House 鈥� or fighting back in federal court, where many of the legal issues remain unsettled and, in a few cases, have actually favored trans students.

The order鈥檚 practical effect: confusion, especially in the roughly half of states that allow transgender athletes to compete in sports consistent with their gender identity. These state laws and policies now face a powerful conservative backlash that sees trans athletes鈥� participation at every level as patently unfair and itself, and seeks to remove them 鈥� and their accomplishments 鈥� altogether.

Leading the charge: the education department鈥檚 Office of Civil Rights, which has opened more than half a dozen investigations in two months. Along with probes of anti-semitism, trans athletic policies now dominate OCR鈥檚 investigative portfolio, despite to the office by Elon Musk鈥檚 Department of Government Efficiency.

Jackie Gharapour Wernz, a former OCR attorney who now consults for educational institutions, called the new administration鈥檚 approach 鈥渦nprecedented 鈥� but it’s not even just unprecedented. It’s so much further beyond precedent that it just feels like we’re in a completely different world at this point.鈥�

鈥淚’ve never seen anything like this,鈥� she said.

鈥楩airness and safety鈥�

Penn, Trump鈥檚 alma mater, late Wednesday said it had not received any notification or details of the action. But a spokesperson told the that the university 鈥渉as always followed NCAA and Ivy League policies regarding student participation on athletic teams.”

A spokesperson for the Maine Department of Education did not immediately respond to a request for comment. 

As with Maine, several states are finding that adhering to their own laws can invite a federal investigation 鈥� and an abrupt cut in aid 鈥� from an administration that is comfortable calling out educators who they see as failing to protect young women in sports. 

The complexity in many ways mirrors public perception. Recent , for instance, find that while 56% of Americans support policies that protect trans people from discrimination in jobs, housing and public spaces, 66% favor laws and policies that require trans athletes to compete on teams that match their sex assigned at birth. 

鈥淎s a parent, I鈥檓 concerned about fairness and safety for my girls in sports,鈥� said Tiffany Justice, a co-founder of Moms for Liberty and a mother of four. Allowing 鈥渂iological males鈥� to compete in women鈥檚 events, she said, 鈥渦ndermines the level playing field鈥� that federal regulations were meant to protect, 鈥済iven the inherent physical advantages men have.鈥�

In 2025, the issue no longer falls entirely along ideological lines. Democratic California Gov. Gavin Newsom has said transgender athletes playing in women鈥檚 sports is 鈥溾�� to female athletes. 

States evenly divided

Title IX prohibits sex discrimination in education programs that receive federal funding, but whether that applies to trans students and athletics remains an open question. President Biden in 2022 put forth a sweeping set of changes protecting students against discrimination based not just on sex but on sexual orientation and gender identity, in effect making transgender students a protected class. But the proposal sidestepped the question of athletics, with administration officials at the time saying those regulations would come soon. 

They never came, and the Title IX protections for LGBTQ students have been repeatedly struck down by the courts. Biden put forth a draft rule to protect transgender athletes that acknowledged fairness issues but suggested they could be solved on a case-by-case basis. He last December in advance of Trump鈥檚 second term.听

The Republican-controlled House of Representatives approved a transgender ban on women鈥檚 and girls鈥� sports, but the Senate a bid to consider it earlier this month, leaving educators in many states to figure it out on their own.

Add to that in federal courts that have upheld the rights of trans athletes, said Wernz, and schools are in 鈥渁n incredibly tough position,鈥� especially considering Trump鈥檚 order. 

State laws are on the subject: 23 states and the District of Columbia allow transgender students to play on sports teams consistent with their gender identity.

Five days after Trump鈥檚 executive order, , which oversees sports in public and private schools, that it was banning trans athletes from participating in girls鈥� sports, saying schools needed 鈥渃lear and consistent direction鈥� on the issue. For more than a decade, the group had allowed trans athletes to play via a waiver if they undertook sex reassignment before puberty or if they did hormone therapy, among other requirements.

The league, which oversees 318 schools and about 177,000 students, said just five students applied for waivers last year.

In addition to Maine and Penn, OCR is investigating state athletic associations in California and Minnesota, where officials have said they鈥檒l continue allowing trans athletes to compete on teams that match their gender identity. On March 3, it announced an into a school district in Washington State that allowed a trans player to compete in basketball last month.

It鈥檚 also San Jose State University and the Massachusetts Interscholastic Athletic Association for what it says are violations of Title IX.

Wernz, the former OCR attorney, who worked in both the Obama and Trump administrations, said schools and districts must now decide, 鈥溾�楧o we comply with the federal courts, or do we comply with the Department of Education?鈥� Frankly it’s a pretty new situation.鈥� 

鈥榃e鈥檒l see you in court.鈥�

To many, the case of Thomas, the Penn swimmer, has come to epitomize the current complications. In 2022, Thomas, who鈥檇 on the men’s team before transitioning in 2019, rose from 554th-ranked in the 200-yard freestyle to fifth. In the 500-yard freestyle, she rose from 65th as a male athlete to first in women鈥檚 competition.

While Penn and several teammates supported her during the process, three former Penn swimmers to remove Thomas鈥� achievements from the record books.

Pennsylvania鈥檚 interscholastic athletics governing body recently its policy to recognize Trump鈥檚 executive order, but the Philadelphia School District said it鈥檒l ignore the change in favor of its own policy, adopted in 2016, which allows trans athletes to play in sports that match their gender identity. 

While a few experts say that could jeopardize an estimated $216 million in Title I funding, Philadelphia civil rights attorney noted that Trump鈥檚 executive order doesn鈥檛 carry the weight of law 鈥� or supersede Title IX, state law or multiple court decisions that have sided with trans students.

She said Trump 鈥渉as been purposely sowing a lot of chaos and confusion,鈥� with schools fearful of losing federal funds.

The push to ban trans athletes comes despite the fact that vanishingly small numbers of these students are pushing to play. Shortly after Trump issued the executive order, NCAA President Charlie Baker said the organization would to restrict female athletic competitions solely to student athletes 鈥渁ssigned female at birth.鈥� Several sports associations followed suit, even though Baker last year told Congress that of the more than 500,000 students it represents, fewer than 10 are transgender.

Chris Young, the principal of , a 720-student regional school in Newport, Vt., near the Canadian border, rarely thinks about the topic. He knows that if trans female athletes in Vermont want to play girl鈥檚 sports teams, they can. Though he has no trans athletes on his roster, Vermont says treating students differently is illegal. 

In an interview, he recalled several conversations with students asking whether it鈥檚 fair that a young person who鈥檚 transitioning from male to female could gain a competitive advantage in sports. 

鈥淢y response is, 鈥楴o one does this as a choice. It’s who they are, and it’s an incredibly difficult road to go down if you are a transgender athlete,鈥欌�� he said. 鈥溾�楴o one chooses that because it’s easy, and no one chooses that because they want to win a state championship or set a record. That’s just not how it works.鈥欌��

But when trans athletes like Thomas win at nearly any competition, the backlash is often outsized. In Maine, Spencer, the transgender pole vaulter, in mid-February won the Class B state championship in pole vaulting with a jump of 10 feet, 6 inches 鈥� more than six inches higher than the next competitor. That led state Rep. Laurel Libby, a Republican, to post on X that in a previous season, as a male athlete, Spencer had in the event.

The issue a few days later, when President Trump got into a televised spat with Maine Gov. Janet Mills, a Democrat, during a meeting of governors at the White House. With Mills鈥� colleagues looking on, Trump called her out, asking if she鈥檇 comply with his executive order.

Mills said she鈥檚 鈥渃omplying with state and federal laws.鈥� Maine bars discrimination based on gender identity.

Trump responded, 鈥淲e are the federal law,鈥� and threatened to pull Maine鈥檚 federal funding. 

鈥淲e鈥檒l see you in court,鈥� she replied.

Later that day, the education department . Days later, the administration released a that all but foretold the outcome, saying it鈥檚 鈥渟hameful鈥� that Mills 鈥渞efuses to stand with women and girls.鈥� 

For her part, Mills says no president can withhold funding authorized by Congress 鈥渋n an attempt to coerce someone into compliance with his will.鈥� 

In a , she added, 鈥淢aine may be one of the first states to undergo an investigation by his Administration, but we won鈥檛 be the last.鈥�

It was three years after Title IX 鈥� the federal civil rights law banning sex discrimination in education 鈥� was signed into law. 鈥淭he issues we are discussing here were the same ones people, including me, were grappling with when the original Title IX regulations regarding single-sex teams were being written,鈥� she said.

The latest debate, about whether Title IX should codify transgender rights 鈥� something that could happen when revised regulations are released in the coming weeks 鈥� has caused deep divisions, and in some cases, pitted natural allies against each other.

But while the issue is difficult, especially in sports, it鈥檚 a mistake to think that things were less complicated when President Richard Nixon signed Title IX into law 50 years ago on June 23, 1972.

鈥淟ooking back, things always seem simpler, but I remember how fraught the arguments were, and how difficult it was for people to reconsider their beliefs about boys and girls,鈥� said Susan Bailey, who helped implement Title IX while working at the Connecticut Department of Education. The transgender question 鈥渋s very polarizing, and people once again want a single, simple solution.鈥�

鈥楾itle IX shook all that up鈥�

The fact that it took three years from the time the law was passed to draw up regulations showed that 鈥渢he Nixon administration did not have the slightest interest in enforcing this law or equality for women and girls,鈥� said Holly Knox, who was a legislative aide in the then-U.S. Office of Education, covering Congressional hearings on sex discrimination. After the law passed, she became disillusioned with government education and enforcement efforts and established the Project on Equal Education Rights at the National Organization of Women鈥檚 Legal Defense and Education Fund.

Although most of the high-profile disputes involving Title IX 鈥� which applies to education programs and activities that receive federal funds 鈥� now involve sports or sexual harassment and assault cases, the original impetus was much broader. 

Employment of women teachers and coaches, pregnancy discrimination and admissions to graduate schools, including law and medicine,were all major issues, said Jean Peelen, who was part of the group drafting the final policy for intercollegiate athletics in 1979. 

To demonstrate the law鈥檚 impact on graduate admissions, Peelen noted that in 1974, two women were admitted to the University of Alabama鈥檚 law school. In 1975, when she entered, 25 percent were women, increasing to 50 percent in 1976. 

In elementary and secondary schools, the legislation affected issues from class assignments to textbooks. As just one example, many K-12 schools scheduled advanced math and advanced English at the same time, so boys were steered toward math and girls toward English. 鈥淭itle IX shook all that up,鈥� said Bailey, who became a professor of Women鈥檚 & Gender Studies and Education at Wellesley College.

One of the most complex questions at the time was what could remain single-sex and what couldn鈥檛, from choirs to gym classes to colleges. In that sense, the transgender debate is 鈥渁 second-generation issue,鈥� said Dunkle, who worked with both the Association of American Colleges鈥� Project on the Status and Education of Women and the National Coalition for Women and Girls in Education.

While the latest round of Title IX revisions includes important issues for transgender students beyond athletics, one of the major sticking points is whether allowing trans women to compete on women鈥檚 teams discriminates against athletes identified as female at birth.

The arguments and solutions proffered today echo many of those Dunkle grappled with in a 1974 paper she authored: 鈥淲hat Constitutes Equality for Women in Sport?鈥� 

The paper discusses both competitive and non-competitive college sports and highlights discrimination that was almost universal. Examples included one college that didn鈥檛 allow women to use a handball court unless a man signed up for her and a large midwestern university that reserved two hours of pool time for 鈥渇aculty, administrative staff and male students.鈥� There was no reserved time for female students.

Then it tackled how sports teams should be configured, the very issue at the core of the current debate. Dunkle laid out the options: Should competitive sports teams in college be co-educational? Single sex? A women鈥檚, men鈥檚 and mixed-sex team? Should teams be based on height and weight? Should top women athletes should be able to apply for a position on the men鈥檚 team? While this might allow elite female athletes stronger competition, critics argued it would be administratively unwieldy and result in skimming the best athletes off women鈥檚 teams.

 鈥淚t is almost painful to read the old paper,鈥� Dunkle said. 鈥淭here were all these choices and all were imperfect.鈥�

Ultimately, a kind of 鈥渟eparate but equal鈥� option won out for most competitive teams. Of course, decades later there are many of women athletes treated as second-class citizens, but the idea of girls and women playing separately from boys and men on most competitive teams has become the norm.

Backlash to Lia Thomas鈥檚 victory

The tell the story of Title IX鈥檚 success: Before the law鈥檚 passage, there were 300,000 girls and women playing high school and college sports nationwide. Today, there are more than 3 million.

But the transgender issue has unsettled what once seemed resolved. University of Pennsylvania  swimmer heightened the debate after placing first in the 500-yard freestyle event in March. She became the first openly transgender woman to win an NCAA Division I national championship, but as a man, ranked 65th in the event. 

The emergence of the issue as culture war fodder, particularly among Republicans, makes it all the more uncomfortable for those who have fought for women鈥檚 equality and back transgender rights in employment, housing and education.

have already passed bills prohibiting trans girls from competing on girls high school sports teams. Most recently, the Ohio House of Representatives passed a bill called 鈥� that bans anyone not identified as female at birth from participating in women鈥檚 sports in high school and college. If an athlete鈥檚 sex is questioned, she would be required to produce a doctor鈥檚 note that includes an examination of her 鈥渋nternal and external reproductive anatomy.鈥� The Senate has not yet voted on it.

The American Civil Liberties Union has taken a stand unequivocally the right of trans women to play on women鈥檚 teams, and the International Olympic Committee last November issued a that states athletes should not be excluded solely on the basis of their transgender identity or sex variation.

But Nancy Hogshead-Makar, who won three gold and one silver medal for swimming in the 1984 Olympics, argued that allowing trans women to play on women鈥檚 sports teams means most women will lose out 鈥� which, she said, goes against everything Title IX stands for. 

For Hogshead-Makar, it all comes down to biology. Science, she said, has shown that transgender women 鈥� in particular those who have gone through male puberty 鈥� will almost always have a substantial physical advantage.

鈥淓quality requires separation,鈥� said Hogshead-Makar, now a lawyer who runs Champion Women, an organization aimed at supporting women and girls in sports and educating about Title IX. In 2020, Sports Illustrated listed her as one of most influential and powerful women in sports. Understanding of the biological differences in trans women is , but shows that there may be residual muscle mass and strength advantages even a year after testosterone suppression.

Hogshead-Makar swam competitively at a time when trainers and coaches gave elite East German athletes disguised as vitamins. The scandal was exposed after the Berlin Wall came down in 1989.

鈥淭hey were doped to the gills and everybody knew it,鈥� she said. 鈥淎nd it felt like nobody cared about us. We were expected to be feminine, gracious losers.鈥� She was victorious in the 1984 Olympics, she said, only because the Soviets and much of eastern Europe didn鈥檛 compete. The U.S. had boycotted the 1980 Olympics in Moscow to protest the Russian invasion of Afghanistan; four years later, the Soviet Union and its allies said they would not attend the Los Angeles-based Olympics because its competitors would not be safe amid anti-Russian hysteria. 

鈥業鈥檝e come to the conclusion it鈥檚 not ok鈥�

The move to allow trans girls and women to compete on female teams leaves her and many other women athletes feeling the same way they felt during the doping scandals, she said 鈥� forsaken and undefended.

Donna Lopiano, an all-American softball player who heads a sports consulting company, said one option will not fit all trans women. It depends on when they went through puberty, if they received hormone therapy and what sport they鈥檙e playing.

She suggested multiple choices need to be considered, some of which mirror those considered by Dunkle in 1974. Should there be men鈥檚 and women鈥檚 teams, and a third class  open to everyone, including transgender athletes? Should inclusion depend on the sport and whether it requires strength or speed? Should there be handicaps like in golf? Separate scoring?

鈥淲e鈥檝e gone through this with athletes with disabilities,鈥� she said. 鈥淔air competition has to outweigh social justice if the idea is identical head-to-head competition.鈥�

Peelen and Knox, both of whom are quick to acknowledge they have no special expertise in transgender issues, have landed on different sides of the question. Peelen said she first agreed that trans girls and women shouldn鈥檛 play on female teams.

But once she realized how small the number of such athletes are 鈥� estimated at less than 1 percent of the population 鈥� she changed her mind.

鈥淚n any high school, you could have a girl 14 or 15 years old who is six feet tall, and they let her play,鈥� she said. 鈥淚f the fear is that trans women are going to take over because they are faster or stronger, that鈥檚 true with anyone who doesn鈥檛 fit in with the norms.鈥�

She initially contemplated what rules could be applied to even things out, such as factoring in weight and height, but decided, 鈥淭his is absurd. Why not just recognize for some very small group of people on a sports team in a high school or a college somewhere in the U.S., it could seem unfair?鈥�

Utah Gov. Spencer Cox, in that banned transgender athletes from playing in girls鈥� sports, was moved by the same reasoning: Of 750,000 students playing high-school sports in Utah, only four were trangender, and just one played for a girls鈥� team. He also cited research showing that can reduce the risk of among transgender teens.听

The legislature overrode his veto. 

The numbers of trans athletes could increase as the transgender population as a whole grows. While still a very small minority, the trans population has doubled in recent years. The Centers for Disease Control recently that 1.4 percent of 13 to 17-year-olds identify as transgender and 1.3 percent of 18 to 24-year-olds do so.  

Knox ultimately took the opposite path from Peelen, first believing trans women should be allowed to compete on girls and women鈥檚 teams, then reconsidering after learning more about the science.

鈥淚鈥檓 delighted Title IX protects LGBTQ people from discrimination in admissions, employment and other areas, but because there are distinct biological differences, it would be unfair to let those who are born male and transitioned after puberty compete against biological women in competitive sports,鈥� Knox said. 鈥淚鈥檝e come to the conclusion it鈥檚 not ok.鈥� 

Dunkle is still figuring it out. She supports including transgender students in almost all areas but doesn鈥檛 see how it could work in athletics without disadvantaging those identified as female from birth. Speaking from experience, she said, 鈥淎ny policy that they come up with is going to be imperfect. You have to look at the results and effects, not just what looks fair in theory.鈥�