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Some conservatives hoped that the transgender issue was settled by the 2024 election, but it was not. This radical movement has continued gaining ground in the courts, and the Trump administration is fighting back on two major fronts simultaneously.
The first battle is inside federal prisons. The Federal Bureau of Prisons, following President Trump's Inauguration Day executive order established that biological sex is immutable and not changeable. They adopted a policy of addressing gender dysphoria through mental health treatment — not surgeries, not hormone interventions, and not social accommodations. That is a sensible, science-grounded policy. However, a D.C. federal district judge named Royce Lamberth — the same judge who imposed some of the harshest sentences on January 6th defendants — issued a broad injunction against it. Solicitor General John Sauer filed an emergency application to the Supreme Court to stay that ruling. His argument was direct: the court nullified the Bureau of Prisons' lawful authority to adopt policies its own administrators determined were necessary for institutional security. This is judicial overreach, plain and simple.
The second front is Title IX. The Trump Education Department has rescinded the Biden administration's rewrite of that landmark 1972 law, which had twisted the original sex discrimination protections into a mandate for transgender preferences at colleges and universities. Title IX was enacted to expand opportunities for women when they were a minority on campus. Today women hold a commanding sixty percent majority in higher ed — including most positions of authority. The Biden Administration redefined the word “sex” in Title IX to include gender identity. This armed transgender activists and their attorneys with a powerful legal weapon against colleges that couldn’t afford the resulting lawfare.
By restoring the original meaning of Title IX, the Trump Education Department frees colleges to focus on academic and athletic programs, rather than managing an endless stream of transgender discrimination claims.
Let's understand the bigger picture. More than a year and a half after that Inauguration Day executive order, activist judges in D.C. and across the country continue to defy both the president and the will of the American people on this issue. The transgender movement has not retreated. It has regrouped in the courts.
The administration is fighting. We need the Supreme Court to back them up. Stay informed on these pressing cultural and legal issues at PhyllisSchlafly.com, that’s PhyllisSchlafly.com and join us again for the Phyllis Schlafly Report.
