Linda McMahon’s nomination as US education secretary is a clear sign that the second Trump administration is serious about dismantling federal laws that prohibit sex-based discrimination, experts have warned.
Donald Trump has previously pledged to “terminate” Title IX protections on his first day back in office, but because the law was introduced through an act of Congress in 1972, it would not be as simple as that.
Nevertheless, he may be able to pursue legislative amendments or to change the administrative rules around how the law is implemented in colleges.
Jennifer Drobac, professor of law emerita at Indiana University, said Ms McMahon would return to the “intolerant policies” pushed by Betsy DeVos, the education secretary in Mr Trump’s first term, and this could have “huge implications” for gay, lesbian and transgender students in particular.
Title IX was recently expanded by President Joe Biden to include matters of sexual orientation and gender identity. But the America First Policy Institute (AFPI) thinktank, which Ms McMahon chairs, has accused the Democrats of using this expansion to pursue a “radical sexual identity agenda”.
“The policies [Ms McMahon] promotes are aligned with Trump’s plan that also promotes an ultra-conservative, more traditional return and a backing-away from protections for sexual minorities,” Professor Drobac said.
Republicans have long complained that Title IX does not give due process to people accused of discrimination, and Mr Trump used his first term to expand the rights of those accused of sexual misconduct complaints.
“Trump is serious about dismantling Title IX protections for students who have experienced sex discrimination at school,” said Diane Rosenfeld, a lecturer at Harvard Law School and director of its Gender Violence Program.
“His previous administration went extremely far in striking down protections for students that had been built for decades by both Republican and Democratic administrations.”
Ms McMahon is the wife of fellow World Wrestling Entertainment co-founder Vince McMahon. The couple were both recently named in a civil lawsuit by five “ring boys” who allege that they were groomed and sexually abused while working at the company. The lawsuit claims that the McMahons were aware of abuse accusations against a staff member but tolerated them. Ms McMahon, who is not accused of sexual misconduct, has not commented on the allegations.
The End Rape on Campus (EROC) coalition said that it was “outraged” by her nomination and that the accusations against her should disqualify her from the role.
“This nomination is a blatant and dangerous move by the Trump administration, signalling a calculated agenda to dismantle the protections afforded by Title IX,” said Kenyora Parham, EROC’s chief executive.
Ms Parham said the choice of the wealthy Republican donor was a direct attack on the “vital safeguard” of Title IX that threatens to leave countless students vulnerable.
“To avoid the political football of Title IX, schools can and should, in my opinion, focus on the prevention of sexual assault on campus instead of only focusing on the obligations of response and resolution,” added Dr Rosenfeld.
