Texas Border Business
The U.S. Department of Education’s Office for Civil Rights (OCR) opened an investigation into Smith College, one of the nation’s largest all-women’s colleges, for admitting biological men and granting them access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams. OCR will determine whether the college violated Title IX of the Education Amendments of 1972 (Title IX) by allowing biological males into women’s intimate spaces.
Title IX contains a single-sex exception that allows colleges to enroll all-male or all-female student bodies—but the exception applies on the basis of biological sex difference, not subjective gender identity. An all-girls college that enrolls male students professing a female identity would cease to qualify as single sex under Title IX.
When an institution holds itself out as being an all-women’s college, it is not just promising to deliver female-only dorms and bathrooms, and single-sex athletics; it is also committing to maintain a student body that makes possible a particular form of sorority and camaraderie.
“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump Administration will continue to uphold the law and fight to restore common sense.”
Background
Title IX prohibits discrimination on the basis of sex in any program or activity receiving federal financial assistance.
