Last fall, ASUP unanimously passed a resolution formally recommending the inclusion of gender identity as a protected class under UP’s nondiscrimination policy. For today’s student body, the reasons behind this likely seem self-evident. Trans and gender-diverse people are among the most marginalized populations in the world and form a vital community on our campus. Policies that fail to explicitly protect these identities are outdated, harmful, and inconsistent with the equitable ideals UP claims to uphold.
The nondiscrimination policy exists not only to provide recourse in instances of discrimination, but also to articulate our community’s values and expectations for the institution. As a trans student, reading the policy as an incoming freshman already apprehensive about attending a Catholic university, the exclusion of gender identity spoke volumes. It signaled a lack of recognition, care, and protection for trans students like me.
Not many students have read our nondiscrimination policy, and the expression of most when they hear it does not include gender identity, is one of shock. I hoped it was merely an oversight, an update that had been forgotten over the years. But after a year of advocating, and no change to the policy in sight, it is clear that isn’t the case.
At initial meetings discussing this change, after the passing of the resolution, senators were told this change would be made via a decision from the Board of Regents. But three biannual Board meetings later, senators were informed the policy change was not a Board of Regents decision, but rather a decision made in UP admin proceedings, led by President Kelly. At this new stage of the process, we have been told the addition of gender identity to the nondiscrimination policy is unnecessary, due to Title IX already encompassing protections for gender identity.
Unfortunately, Title IX is not a bullet proof shield. Title IX is a federal law passed in 1972 that prohibits discrimination on the basis of sex within all educational institutions. Though UP is a private university, it remains subject to Title IX restrictions because it receives federal financial aid. Over time, Title IX came to be interpreted at the federal level to protect gender identity and sexual orientation, specifically trans students. In a 2021 memorandum, the Department of Justice Civil rights division formally clarified discrimination “on the basis of sex” includes discrimination on the basis of gender identity and sexual orientation. But this law, and this judicial interpretation, has been threatened in recent years, and will no doubt be threatened in the future.
Just three months before the presidential election, President Biden’s overhaul of Title IX went into effect, expanding protections for transgender students. But those changes, which are already on hold in 26 states, are likely on the chopping block once President-elect Donald Trump takes office. Experts predict the president-elect’s administration won’t wait long before beginning the lengthy process of altering the Title IX regulations once again. Some expect Trump will go even further than the 2020 rule, to redefine sex in a way that excludes trans and nonbinary people from protections. Trump vowed, in his Madison Square Garden rally days before the election, to get “transgender insanity the hell out of our schools” and prevent people assigned male at birth from playing on women’s sports teams. It is clear our rights as trans students are under attack, which is why nearly every major institution across the country safeguards trans rights in their nondiscrimination policies. UP wouldn’t even be the first Holy Cross Catholic university to include these protections.
This is not the first time queer UP students have been forced to fight for their rights. In 2013, the “Redefining Purple Pride” movement at UP advocated for the addition of sexual orientation to the nondiscrimination policy with protests, media attention, and a video campaign. This movement also asked for the addition of gender identity, which did not succeed at the time, partly due to Oregon state discrimination laws at the time defining gender identity as within the definition of sexual orientation. But 11 years later, Oregon has since defined gender identity as a separate clarified protected class, and yet, UP has still not followed the state’s lead.
My question is: if the administration's argument for why gender identity should not be included in the policy is that it is already protected by Title IX, why not just include it in the policy? Sex and sexual orientation are covered by Title IX, and included in UP’s policy as well. Why wouldn’t the nondiscrimination policy state protections for a marginalized group, if it is indeed protected? It is clear that even without any incident of discrimination for which the nondiscrimination policy exists, the exclusion of our identities from institutional policies is discriminatory in and of itself.
It can’t be denied that UP continues to make strides in becoming an inclusive, equitable home for its marginalized students. The creation of the Center for Gender and Sexuality was a milestone this year for our community. We have representation for trans and queer people in all areas of our institution– our academic work, our art, athletics, and more. But as we saw a few years ago with Fr. Dan’s transphobic rhetoric and the lack of consequences, when UP has to choose between pressures of the Catholic Church and student rights, it chooses to uphold traditions of discrimination every time.
We, the students, are the ones who keep this place running. We pay this institution. And they might not make it easy, but we are the ones with the power to hold our school and home accountable. Let’s make our voices heard and our demands clear.
A student demonstration will be held by ASUP representatives and GSP at the beginning of the spring 2025 semester. We will gather to ask UP administration to add gender identity to the nondiscrimination policy and listen to its trans students in today’s climate of danger and fear. So enjoy your winter break Pilots, rest up, and get ready to do our part in making this school better.
Shane Ruyle is a junior at the University of Portland. He can be reached at ruyle26@up.edu.
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Editor’s note: A previous version of this opinion incorrectly stated that a student demonstration will occur Jan. 17, 2025. The exact date remains uncertain and is pending further discussion with President Robert Kelly.
