The landscape of gender rights, athletics, and educational compliance in the United States is once again shifting — rapidly and dramatically. With the federal government’s rollback to the 2020 Title IX regulations and the signing of Executive Order 14168 and Executive Order 14189, New Jersey’s education community faces a legal and operational collision course.
The new federal stance — narrowing gender definitions and banning transgender women from women’s sports — stands in direct conflict with New Jersey’s long-standing protections under New Jersey Law Against Discrimination.
This is not an abstract legal debate. For New Jersey colleges and high schools, particularly those fielding athletic programs, this is a compliance crisis with real-world consequences for students, staff, and institutional funding.
The federal shift: Redefining gender and excluding transgender athletes
Under EO 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” gender is narrowly defined by sex assigned at birth. Gender identity is no longer recognized as a protected characteristic under Title IX.
EO 14189, “Keeping Men Out of Women’s Sports,” goes further — banning transgender women from participating in women’s sports and instructing national athletic bodies such as the NCAA and other regulatory agencies to enforce these restrictions.
These changes mean that, at the federal level, transgender students are no longer shielded by Title IX protections, and their participation in athletics will be scrutinized under a standard at odds with New Jersey law.
The New Jersey reality: Stronger protections, clear obligations
New Jersey’s anti-discrimination framework is unequivocal. NJLAD recognizes gender identity and expression as protected categories. This means:
- Schools and colleges must provide equal access to educational programs and activities — including athletics — consistent with a student’s gender identity.
- Discriminatory exclusion of transgender athletes would violate state law, exposing institutions to complaints, litigation, and reputational risk.
- Thus, institutions are pulled in opposite directions: federal rules pushing exclusion and state laws mandating inclusion.
What’s at stake: Funding, litigation and institutional values
For New Jersey schools and colleges, the implications are profound:
- Federal funding risks: Institutions receiving federal funds could face enforcement actions or funding penalties for failing to comply with the new Title IX framework.
- State enforcement and civil liability: Simultaneously, exclusionary practices risk violating NJLAD, exposing institutions to state investigations, lawsuits, and public backlash.
- Campus climate and student well-being: Policy ambiguity can foster hostile environments for transgender and nonbinary students, eroding trust and increasing campus polarization.
Simply “waiting to see how this plays out” is not a strategy. Proactive planning is essential.
Immediate action steps for New Jersey institutions
1. Affirm commitment to state law: Reiterate and document compliance with NJLAD and existing institutional non-discrimination policies. Ensure athletic programs and Title IX coordinators are aligned with state protections.
2. Assess and prepare for federal exposure: Work with legal counsel to map potential exposure to federal enforcement or funding risk. Develop contingency plans that do not undermine NJ law or institutional values.
3. Document everything: Maintain clear, contemporaneous documentation demonstrating state-law compliance. This will be critical in the event of federal audits, complaints, or litigation.
4. Coordinate with higher ed associations and peer institutions: Collective advocacy can amplify institutional voices and support potential legal challenges. Engage associations representing New Jersey’s public and independent colleges, universities, and K–12 school boards.
5. Engage counsel and state leadership: Consult with the Office of General Counsel and state agencies. Explore whether supporting or joining litigation challenging the executive orders is an appropriate strategic move.
Why leadership matters now
This is not simply about legal compliance. It’s about leadership.
New Jersey’s educational institutions have long been at the forefront of protecting LGBTQ+ students and fostering inclusive campuses. As the federal government moves in a sharply different direction, our schools and colleges have a responsibility to remain steadfast in their commitment to equity and to model best practices for the rest of the nation.
This is the moment to act — not react.
Christine Ann Soto is Of Counsel at Genova Burns LLC, where she advises educational institutions, boards, and public entities on complex regulatory and compliance issues, including Title IX, employment law, and civil rights protections. She is the former general counsel of Essex County College and a recognized leader in education equity.
