The Department of Education has launched a Title IX investigation into Smith College, a women’s college in western Massachusetts, over its admission of trans women. The probe centers on whether the school’s policy violates federal law by allowing “biological men” to access women-only spaces like dorms, bathrooms, and athletic teams. Smith, which admits applicants who self-identify as women—including trans and nonbinary individuals—has not commented on the investigation, citing its commitment to civil rights compliance.
Legal Context and Definitions
The Education Department argues that Title IX’s single-sex exception applies to biological sex, not gender identity. It claims that admitting trans women would disqualify Smith from being classified as a single-sex institution under federal law. The term “biological men,” used in the department’s statement, is a phrase frequently criticized by trans advocates for its exclusionary connotations.
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Shannon Minter, an attorney with the National Center for LGBTQ Rights, called the investigation a “government overreach” that threatens the autonomy of private institutions. “If women’s colleges have chosen to include trans students, they should be free to do so without fear of persecution,” he said. Minter highlighted that the Trump administration has repeatedly targeted trans rights through policies banning military service, restricting healthcare access, and redefining gender as strictly biological.
Smith College’s Stance and History
The college’s current admissions policy, established in 2015, explicitly includes trans women after a 2013 controversy when it denied admission to trans student Calliope Wong. The college provides trans-affirming healthcare, all-gender restrooms, and peer support programs. However, it does not explicitly include trans men in its admissions criteria, though it offers resources for them.
The investigation followed a civil rights complaint from Defending Education, a conservative nonprofit. Nicholas Hite of Lambda Legal noted that the complaint originated outside Smith’s community, contrasting with the support many students and families have for the college’s inclusive policies. “These institutions are often chosen for their commitment to gender equity,” Hite said. “Excluding trans women now feels like a step backward.”
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Trans people represent about 1% of the U.S. population aged 13 and older, according to the Williams Institute. Yet, the number of trans students at Smith remains unclear. The college says it continues to expand support for trans students, though critics argue the investigation could deter enrollment.
Implications for Title IX and Trans Rights
Minter accused the administration of weaponizing anti-discrimination laws to exclude trans people. “Title IX was meant to protect against sex-based discrimination, including for trans individuals,” he said. Under the Obama and Biden administrations, the law was interpreted to include trans students, but Trump’s policies reversed those protections.
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The investigation has sparked concern among advocates, who warn it could create a chilling effect on trans youth. “This is a vendetta against a vulnerable group,” Minter said. “It’s time to protect safe spaces for them.”
The outcome of the probe could set a precedent for other women’s colleges facing similar scrutiny. For now, Smith College remains silent, navigating a legal and cultural landscape where its mission to promote gender equity collides with federal definitions of sex and identity.
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