San José State University Sues Trump Admin Over Anti-Trans Threats—Refusing to Capitulate

The Trump regime said San José State had to break state law to discriminate against trans students, but the university said it isn’t budging.

San Jose State University // California.com

San José State University in California has filed a scathing lawsuit against the Trump Administration’s Department of Education, rejecting the regime’s attempts to use the crisis it manufactured over transgender athletes as a vessel for even more repressive and consequential anti-LGBTQ crackdowns.

San José State, a college about an hour’s drive south of San Francisco, became a flashpoint of the right’s obsession with trans youth after a student athlete was outed on the national stage. The Trump regime investigated SJSU for supposed civil rights violations, arguing that the athlete’s mere presence on the team infringed on the rights of the other women and Title IX.

The “resolution” proposed by the Department’s Office of Civil Rights (OCR) would have the university ban trans women from women’s sports teams, bathrooms, locker rooms, and dorm rooms, in violation of state law; strip trans women of their athletic medals and honors; issue apology letters to any presumed-cisgender woman who competed with a trans athlete; and adopt the GOP’s definition of “sex” in every aspect of campus life going ahead. If they don’t comply, they could lose federal funding.

Instead, San José State went on the offense. They’re suing.

Federal agencies have cajoled countless institutions of higher education into some form of capitulation since the beginning of Trump’s renewed term. UPenn, Brown, Northwestern and other elite colleges have made bargains sacrificing anything from trans athletes to life-saving care for trans youth to preserve their federal funding.

In SJSU’s lawsuit, filed late last week, the university emphasized it would follow all applicable laws, but that the law is not the basis of Trump’s investigation; transphobia is.

According to Iris, a San José State graduate student and president of the student-led campus group Trans Talk, the unapologetic lawsuit represents much-needed support for trans students—especially at a time when other universities are bending the knee to Trump’s anti-trans agenda.

“Appeasement doesn’t work,” Iris told Erin in the Morning. “They just come back for more. So standing up now is really important.”

(Iris requested her last name be omitted due to safety and privacy concerns.)

The lawsuit itself challenges Trump’s anti-trans threats on the grounds that it constitutes government overreach, that it violates the Administrative Procedure Act, and that it is downright unconstitutional. It attempts to retroactively punish SJSU over Trumpian policies it did not break, in part because the supposed violations pre-date the President’s current term.

In fact, San José State was not just permitted to, but legally obligated to follow trans inclusive policies.

“[T]here is no question that SJSU’s conduct was required by Ninth Circuit law and the federal government’s own guidance at the time,” the complaint reads. California also retains some of the strongest equal rights laws in the country for transgender Americans. Therefore, Trump’s threat to hold critical funding hostage over trans athletes is “not because SJSU violated the law,” the complaint reads, “but because SJSU followed the law.”

Yet the goal posts keep moving, and the Department of Education is threatening to pull funding from any college or university that doesn’t adhere—at times, retroactively—to its contortion of Title IX. Its “proposal” seeks to force the school to redefine “sex,” and Title IX itself, based on unscientific, arbitrary, and politically-charged rhetoric:

An excerpt from the proposal by the Department of Education, which SJSU rejected.

This proposal would target trans people “in all practices, policies and procedures” at the university. This includes “intimate facilities, such as locker rooms, bathrooms, student housing, and overnight accommodations,” which would have to be divided “strictly on the basis of sex,” the proposal says.

Proposed settlement agreement rejected by SJSU

In response, the lawsuit takes a bold stance in challenging the very premises of Trump’s anti-trans crusade, pulling back the curtain on the right-wing smear campaign against trans people. In this case, for example, anti-trans activists pearl-clutched about the necessity of separating teams by “sex” on the basis of “safety,” positioning women as so much weaker than men that their mere co-presence on the court is a physical danger.

In reality, the men’s and women’s teams often play against each other for practice at SJSU and other colleges, the complaint says. Like many of these high-profile clashes over trans athletes, the issue was never gender parity or sex separation. It was always about pushing the needle further and further to the right and sequestering trans people from public life.

This lawsuit comes after over a year of legal back-and-forth, culminating in the OCR’s “Proposed Resolution Agreement,” which—among other provisions—requires SJSU to publicly agree that it violated Title IX, discriminate against trans athletes moving ahead, rebuke trans-inclusive language, and send out apology letters to presumed-cisgender athletes expressing “remorse” for welcoming trans student athletes.

It’s the same playbook federal officials used at the University of Pennsylvania against champion swimmer Lia Thomas, who is trans, and whose fifth-place tie at a swim meet led to the anti-trans activism career of Riley Gaines.

Among other infringements, SJSU argues this is a brazen violation of the Constitutional right to free speech.

“The First Amendment forbids such compelled speech, except when it survives strict scrutiny,” the lawsuit reads. Trump’s proposal demands that SJSU “express[es] certain sentiments, like remorse” with “particular individuals of the government’s choosing [...] in the way the government wants.”

In a statement to the press, the California State University system, which oversees SJSU, made clear its commitment to standing up for its students. “The federal government may not punish the CSU for conduct that complied with binding federal law and the government’s own guidance at the time,” it reads.

“Therefore, the CSU will not agree to accept the terms of the Proposed Resolution Agreement,” it continued. “The CSU remains unwavering in its commitment to fostering an inclusive, respectful, and safe environment for all students, faculty, and staff—including members of our LGBTQ+ community.”

Editors Note: Erin Reed, who owns and runs Erin In The Morning but did not write this piece, recently took a paid speaking engagement at SJSU.