Title IX Administrators Propose Exploiting Religious Protections To Push Pro-Trans Policies & Discuss Establishing A “LGBTQ+ Church”

June 16, 2025

Top Takeaways

• In January 2025, President Trump and his administration made a series of moves to redefine gender in federal policy and alter the Department of Education’s Title IX enforcement priorities. 
  • Under the new rules, the federal government would only recognize two sexes (male and female) and would only enforce Title IX protections on the basis of “biological sex.” 
• Through a public records requests, subsequent emails between members of a list serve operated by the Association of Title IX Administrators (ATIXA) were discovered, where those involved discussed responses and potential workaround to the Trump policy changes. 
  • ATIXA is a national organization comprised of 13,000 members from a variety of educational institutions committed to “[advancing] gender equity in schools and colleges.” 
• In a February post, an anonymous community college official proposed defining pro-trans policies as part of a “religious belief” in order to work around Trump policies. 
  • The official: “If a person can refuse to use someone’s preferred pronoun because to do so would be a violation of their religious beliefs … can’t that become a double-edged sword? Can people in the LGBTQ+ community [argue] the concept of gender identity and gender expression is religious based (‘God [made] more than [two] sexes’)?” 
  • Further, if a person’s “religious belief is that sex is not binary” couldn’t “their gender identity and gender expression [be] covered under the First Amendment?” 
• Replying to the post, ATIXA President Brett Sokolow called it a “thought, and one many have had before,” pointing the poster to past examples involving “Pastafarians and the Satanic temple.”
  • Sokolow suggested colleges affiliate with a “tolerant existing sect,” use that membership to “argue exclusion violates your beliefs,” and access resources from the progressive legal community to fight for the belief in court. 
• David Rucker, a Pima Community College official, asked “whether our institutions can just ignore this type of discrimination” and further discussed applying religious protections to pro-trans views. 
  • Rucker: “Since the LGBTQ+ community just had the rug pulled out from under them we may need to analyze whether our institutions can just ignore this type of discrimination … or if we need to be on-guard.”
• Paula Brantner, a Title IX consultant, stated that a “LGBTQ+ church” “considered affirming for the purposes of litigation” may already exist. 
  • Sokolow: “If you could establish and promulgate a LGBTQ+ church that met the standard … the courts would have to tolerate that church’s beliefs, whatever they are.”

Background

In January 2025, President Trump Signed An Executive Order Proclaiming That The U.S. Government Will Recognize Only Two Sexes, Male And Female. “President Donald Trump on Monday signed executive orders proclaiming that the U.S. government will recognize only two sexes, male and female, and ending ‘radical and wasteful’ diversity, equity and inclusion programs inside federal agencies. In a phone call Monday morning before Trump’s swearing-in, senior White House officials detailed both orders, grouping them under the Trump administration’s wider ‘restoring sanity’ agenda. The gender order states that it will ‘defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male.’” (Daniel Arkin, Yamiche Alcindor, Matt Lavietes, “Trump Signs Executive Orders Proclaiming There Are Only Two Biological Sexes, Halting Diversity Programs,” NBC News, 1/20/25) 

The Administration Later Followed Up The Order With A “Dear Colleague” Letter Detailing The Department Of Education’s Intent To Return To Enforcing Title IX Protections On The Basis Of Biological Sex. “Today, the U.S. Department of Education sent a ‘Dear Colleague’ letter to K-12 schools and institutions of higher education advising educators and administrators that the department’s Office for Civil Rights will enforce the Trump Administration’s 2020 Title IX Rule. This letter comes after Republican Attorneys General successfully challenged the Biden Administration’s 2024 Title IX rewrite, which the United States District Court for the Eastern District of Kentucky ruled was unlawful and, therefore, unenforceable in schools, colleges, and universities nationwide.” (Press Release, “U.S. Department Of Education To Enforce 2020 Tile IX Rule Protecting Women,” U.S. Department Of Education, 1/31/25) 

Through A Freedom Of Information Act (FOIA) Request, Emails Between Administrators And Members Of The Association Of Title IX Administrators (ATIXA) Were Uncovered Detailing An Array Of Responses To The Order. (Western Carolina University FOIA Request, 3/27/25) 

• ATIXA Supports “Title IX Coordinators, Investigators, And Administrators” Nationwide In An Effort To “Advance Gender Equity In Schools And Colleges.” (“About,” ATIXA, Accessed 5/27/25) 

Community College Administrator Proposed Defining Pro-Trans Policies As Part Of A “Religious Belief” In Order To Workaround Federal Policies 

In February 2025, An Anonymous Poster From A Community College Questioned Members Of The List Serve Whether There Was “Another Legal Argument” That Could Allow Their School Could Define Support For The LGBTQ+ Community As A Religious Belief, Thereby Giving Them Faith-Based Protections. (Anonymous Post And Brett Sokolow Response, Email To ATIXA Listserv, 2/10/25, Western Carolina University FOIA Request, 3/27/25, P. 210, 214) 

• “If A Person Can Refuse To Use Someone’s Preferred Pronoun Because To Do So Would Be A Violation Of Their Religious Beliefs … Can’t That Become A Double-Edged Sword? Can People In The LGBTQ+ Community [Argue] The Concept Of Gender Identity And Gender Expression Is Religious Based (‘God [Made] More Than 2 Sexes’)?” (Anonymous Post And Brett Sokolow Response, Email To ATIXA Listserv, 2/10/25, Western Carolina University FOIA Request, 3/27/25, P. 210, 214) 
• “Their Sincerely Held Religious Belief Is That Sex Is Not Binary. In Order To Be True To Their Religious Belief They Must Embrace Their Gender Identity And Show It Their Gender Expression. Therefore, Their Gender Identity And Gender Expression Is Covered Under The First Amendment?” (Anonymous Post And Brett Sokolow Response, Email To ATIXA Listserv, 2/10/25, Western Carolina University FOIA Request, 3/27/25, P. 210, 214) 

ATIXA President Says “It Is A Thought, And One Many Have Had Before” Referencing Cases Involving “Pastafarians And The Satanic Temple.” He Proposed Establishing A “LGBTQ+ Church” Altogether. 

ATIXA’s Brett Sokolow Replied To The Anonymous Community College Official  That “It Is A Thought, And One Many Have Had Before” Pointing The Poster To A Court Case Involving “Pastafarians And The Satanic Temple.” (Anonymous Post And Brett Sokolow Response, Email To ATIXA Listserv, 2/10/25, Western Carolina University FOIA Request, 3/27/25, P. 209-210) 

• Sokolow Suspected A More Viable Option Was For Interested Private Colleges To Affiliate With A “Tolerant Existing Sect” And Use That Membership To “Argue Exclusion Violates Your Beliefs,” Suggesting That There Would Be Lots Of Support In The Progressive Legal Community To Protect That Argument In Court. (Anonymous Post And Brett Sokolow Response, Email To ATIXA Listserv, 2/10/25, Western Carolina University FOIA Request, 3/27/25, P. 209-210) 

Sokolow Also Noted, “If You Could Establish And Promulgate A LGBTQ+ Church That Met The Standard … The Courts Would Have To Tolerate That Church’s Beliefs, Whatever They Are.” (Anonymous Post And Brett Sokolow Response, Email To ATIXA Listserv, 2/10/25, Western Carolina University FOIA Request, 3/27/25, P. 209-210) 

Pima Community College Official Questioned “Whether Our Institutions Can Just Ignore This Type Of Discrimination” And Further Discussed Trying To Apply Religious Protections To Pro-Trans Views 

A Poster Named David Rucker Wrote, “Since The LGBTQ+ Community Just Had The Rug Pulled Out From Under Them We May Need To Analyze Whether Our Institutions Can Just Ignore This Type Of Discrimination … Or If We Need To Be On-Guard.” (Anonymous Post And David Rucker Response, Email To ATIXA Listserv, 2/11/25, Western Carolina University FOIA Request, 3/27/25, P. 208, 210) 

• Rucker Appears To Be The Deputy Title IX Coordinator For Human Resources At Pima Community College In Tucson, AZ. (“Workplace Discrimination/Harassment,” Pima Community College, Accessed 5/15/25) 

• Rucker Asked, “If My God Says There Are Only 2 Sexes (Binary) Is This Not A Religious Belief. If My God Says There Are Various Sexes (Non-Binary) And That His Design For Me…Is This Not A Religious Belief?” (Anonymous Post And David Rucker Response, Email To ATIXA Listserv, 2/11/25, Western Carolina University FOIA Request, 3/27/25, P. 208, 210) 

A Title IX Consultant Stated That A “LGBTQ+ Church” “Considered To Be Affirming For The Purposes Of Litigation” May Already Exist 

The Metropolitan Community Church (MCC) “Fits The Bill” Of An Existing “LGBTQ+ Church” That Is “Considered To Be Affirming For The Purposes Of Litigation…” (Paula Branter Response To Brett Sokolow, Email To ATIXA Listserv, 2/11/25, Western Carolina University FOIA Request, 3/27/25, P. 213) 

• According To Her, “I Am Not Sure Whether There Is An Active Strategy To Pair MCC With Other Religious Denominations/Sects Which Are Considered To Be Affirming For The Purposes Of Litigation, But MCC Definitely Fits The Bill And Has Been In Existence For Nearly 60 Years.” (Paula Branter Response To Brett Sokolow, Email To ATIXA Listserv, 2/11/25, Western Carolina University FOIA Request, 3/27/25, P. 213) 

• Brantner Is A Workplace Harassment Consultant Who Has Done Work For The Democratic Socialists Of America. “I’ve worked with those who have been sexually harassed and assaulted throughout my career. Early in my career, I was involved in some of the important legal battles under Title VII (workplace harassment) and Title IX (harassment in schools and colleges). Through PB Work Solutions, I use my perspective from 25 years + worth of focusing on those who have been targeted, NOT those employers worrying about getting sued. By the time #MeToo came along, I was already doing trainings for those trying to figure out solutions to harassment. My trainings incorporate the EEOC’s best practices and move beyond the policies on the page to equip everyone to know how to respond to harassment and be part of the solution. For the last year, I’ve been setting up and running an innovative and comprehensive prevention program for the Democratic Socialists of America, a nationwide organization of over 50,000 members who wants to incorporate its harassment policy in over 250 chapters nationwide.” (“Learn More About Paula,” PB Work Solutions, Accessed 5/15/25)