Written and edited by: Jackson Bandy (knb003@marietta.edu)
Over the past two decades, the inclusion of queer and transgender individuals under Title IX of the Education Amendments of 1972 has been a point of legislative contention. Guidance for educational institutions has changed under each of the past four administrations — each time representing the ideological divide between the Republican and Democratic parties.
In 2011, former president Barack Obama released a “Dear Colleague” letter, which sought to strengthen policy against campus misconduct. The letter outlined schools’ obligations to protect its students from sexual misconduct, and noted that even one instance of sexual misconduct creates a hostile learning environment. This Dear Colleague letter allowed for the eventual expansion of protections under Title IX due to its broader interpretation of the legislation.
Such expansion of protections arrived in 2016, when the Department of Education and Justice Department released a joint letter outlining the inclusions of transgender students under Title IX. The letter required educational institutions to use pronouns in accordance with a student’s gender identity, even if other documents stated otherwise, and to allow transgender students to use restrooms, changing rooms, and other facilities that align with their gender identities.
Once Donald Trump’s first presidency began in 2017, the Department of Education rescinded the Title IX protections documented during Obama’s administration. Interim guidance released under former Secretary of Education Betsy DeVos allowed educational institutions far more freedom when handling sexual misconduct, including a more lax evidentiary standard and the ability to pursue informal resolutions, like mediation.
In 2018, a new draft rule on Title IX was released to the public, which gave educational institutions strict, yet controversial guidelines — including necessitating a live hearing, where both the complainant and respondant must be allowed to cross-examine one another through an adviser. Despite numerous critical public comments, the DeVos rule largely stayed the same and was codified in 2020.
After taking office in 2021, former president Joe Biden issued an executive order stating that transgender individuals should receive equal protection under the law, citing Title IX. Shortly thereafter, Biden issued another executive order, directing the Department of Education to evaluate the Trump administration’s Title IX rule. In June, the Department of Education stated that Title IX should include protections based on students’ sexual orientation and gender identity. The Biden administration also formally announced its intent to replace the DeVos rule, with new guidance expected by April 2022.
This did not occur. After two instances where the guidance was delayed, the draft was released in June 2022 on the 50th anniversary of Title IX’s implementation. In September, the draft’s public comment period closed, and the Department of Education began review of each comment.
In 2023, the Biden administration released its Higher Education Regulatory Agenda, hinting that new Title IX regulations would go into effect in May. In April, the Department of Education published a draft of separate Title IX regulations, which prohibited blanket bans on transgender athletes in sports. Both drafts’ comments caused several further delays to the guidances’ release — but in 2024, the new Title IX rule was codified, with written protections for queer students and staff.
These protections did not last.
President Trump’s first-day executive order, defining two fixed biological sexes, claiming “gender ideology” as a form of extremism, and directing all federal agencies to rescind information regarding transgender equality, began the federal rollback. In addition, the second Trump administration declared Biden-era Title IX policy “illegal” at the end of September, announcing that the Department of Education would be reinstating the 2020 DeVos rule.
Queer and transgender students at Marietta College may be wondering how this will affect them. Despite the rollback of federal protections, there is a silver lining — life will largely continue as it is.
When asked about the situation, Vice President for Student Life and Title IX Coordinator Dr. Richard Danford explained that a federal district court issued an injunction in response to the Biden administration’s Title IX guidance. Because this injunction occurred within the Sixth Circuit Court of Appeals, which has jurisdiction over Ohio law, all educational institutions in the state were blocked from implementing the new regulations.
“Marietta College will not have to make any changes — immediately, anyway — to our policies and procedures,” Danford said.
Because campus policies will remain the same, all resources for queer and transgender students will as well. Gender Inclusive Housing will be available for students who do not feel comfortable in binary spaces, preferred names can be updated within technological systems, and all single-stall restrooms in buildings across campus will stay gender-neutral. In addition, the LGBTQ+ Activism Club will continue to operate, providing a space for community and opportunities for political advocacy.
As the tides shift federally, Dr. Danford and the rest of Student Life will continue to monitor the situation for updates. But queer students will exist — as they always have — and those at Marietta College can continue to express themselves as they please.
References
Bauer-Wolf, J. (2022, May 17). A look at 13 years of Title IX Policy. Higher Ed Dive. https://www.highereddive.com/news/a-look-at-11-years-of-title-ix-policy/623810/
Dear colleague letters — United States Department of Education. Mississippi Community College Board. (n.d.). https://www.mccb.edu/sites/mccb/files/Monitoring/MOA%20Compliance/Guides%2C%20Documents%2C%20and%20Forms/Dear%20Colleague%20Letters.pdf
[rescinded] Questions and answers on Title IX and sexual violence. U.S. Department of Education (2014, April 29). https://www.ed.gov/sites/ed/files/about/offices/list/ocr/docs/qa-201404-title-ix.pdf?_sp=33eec097-7304-4dcc-8160-06ee97718b50.1791675509637
U.S. Department of Education Press Office. (2026, September 28). U.S. Department of Education formally rescinds the Biden Administration’s illegal Title IX rewrite, reinstating the 2020 Regulation. U.S. Department of Education. https://www.ed.gov/about/news/press-release/us-department-of-education-formally-rescinds-biden-administrations-illegal-title-ix-rewrite-reinstating-2020-regulation
The United States Government. (2025, January 21). Defending women from gender ideology extremism and restoring biological truth to the Federal Government. The White House. https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal-government/
