Ignoring a bully is a reasonable strategy, up to the point when the bully comes for the people you love. As higher education becomes ever more politicized, the Department of Education has been weaponized into a cudgel, swung at universities that fall afoul of increasingly extreme forms of conservatism. At present, that cudgel is pointed at Penn, with trans people, and more specifically trans women, as the target.
We will say what Penn administrators, trustees, and lawyers are not saying: Transgender people are real, their lives matter, and they are essential parts of our community. We condemn efforts to erase them, through misgendering, ignorance, cruelty, and political theater.
As advocates dedicated to the rights of women, queer people, and trans people, our perspective is rooted in both experience and deep expertise. We state unequivocally that nondiscrimination protections for transgender individuals — including transgender women and girls — are not a threat to women's equality or well-being; in fact, they are crucial to its advancement. The notion that inclusive athletic participation for transgender people means the demise of women's sports is baseless. Excluding transgender individuals from communities — including sports teams — that affirm their gender identity often results in further exclusion, a discriminatory outcome we cannot abide.
Last week, the Department of Education issued a set of demands. Their position, that Penn violated Title IX in allowing Lia Thomas, a transgender woman, to compete on Penn’s 2022 swimming and diving team, is absurd. As has been stated repeatedly, Penn was in compliance with NCAA policy and federal law at that time. NCAA policy has since changed, and the State of Tennessee v. Cardona decision in January 2025 means that going forward — or until the Supreme Court rules otherwise — discrimination against people who are transgender is not prohibited under Title IX. But policy changes and court rulings do not apply retroactively. There is no rewriting of history.
In addition to wiping out Thomas’ records, the Department of Education is requiring Penn to issue apologies to the women athletes who competed with Thomas for “sex discrimination.” These bogus demands have been used as a rationale for freezing millions of dollars in federal funding on campus, which is already hindering important research and scholarship. Moreover, these demands have emboldened those eager to deny the existence of trans people, part of a fast-growing wave of a transphobia sweeping the country.
Denying the existence of trans people is not only harmful, it is discrimination. In 2020, the Supreme Court (in Bostock v. Clayton County) ruled that Title VII of the Civil Rights Act protects people in institutions of higher education from sex discrimination — including discrimination due to gender identity. Additionally, recent legal challenges to state laws attempting to bar transgender athletes’ participation in sports have proven that such laws violate the Equal Protection Clause of the Constitution. In Philadelphia, a 2013 bill amended The Philadelphia Code to ensure equal treatment for all persons regardless of gender identity or sexual orientation, and the Fair Practices Ordinance — Philadelphia’s local anti-discrimination law — has protected people based on gender identity since 2022. Here at Penn, unlawful discrimination based on sex and gender identity is prohibited under our Equal Opportunity Policy.
We have come so far, at Penn, in Philadelphia, and in the United States, with our understanding of gender, gender identity, and gender variance. Just a few years ago, it wasn’t unusual for our colleagues to resist the use of “they/them” pronouns by students. Now, protection of pronouns and chosen names have been institutionalized. Trans faculty, students, and staff — who have always been an integral part of the Penn community — are increasingly visible on our campus, playing vital roles in our community’s classrooms, research, and extracurricular activities. We are still a long way from full inclusion and equity, but that does not mean we must accept a radical reversal of progress.
For queer, trans, and feminist allies, now is the time to make sure you know your rights and how to support the rights and wellbeing of people in harm’s way. Call your representatives about transphobic bills and legislation, including Pennsylvania Senate Bill 9. Amplify the art, scholarship, and everyday survival of trans people. Make your allyship practical rather than performative.
To Lia Thomas and to all of our transgender students, alumni, colleagues, faith leaders, elected officials, and family members: We see you. We love you. We will not allow anyone to erase you.
GWENDOLYN BEETHAM is the Associate Director of the Gender, Sexuality, and Women's Studies Program at Penn. Her email is gbeetham@sas.upenn.edu.
AMY HILLIER is a professor at the School of Social Policy & Practice. Her email is ahillier@upenn.edu.
JESSA LINGEL is a professor at the Annenberg School for Communication and Director of the Gender, Sexuality, and Women's Studies Program at Penn. Her email is jessa.lingel@asc.upenn.edu.
