By Zoe Sottile, CNN
(CNN) — In the Trump administration’s latest move to limit trans rights, the Department of Education has launched a Title IX investigation into Smith College, an all-women’s college in western Massachusetts, for admitting trans women.
Like most other women’s colleges in the US, Smith, a small liberal arts college, admits trans women. The 155-year-old school says it “is a women’s college and considers for admission any applicants who self-identify as women; cis, trans, and nonbinary women are eligible to apply to Smith.”
In a Monday statement, the Department of Education said it was investigating Smith for “admitting biological men and granting them access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams.”
The term “biological men,” though often used by opponents of trans rights to describe trans women, is not commonly used by trans people.
Smith College told CNN it “is fully committed to its institutional values, including compliance with civil rights laws” and “does not comment on pending government investigations.”
The Education Department says it’s investigating whether the college’s policy violates Title IX, a landmark federal civil rights law that bans sex-based discrimination in any school or other education program that receives federal funding.
“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,” reads the statement. “An all-girls college that enrolls male students professing a female identity would cease to qualify as single sex under Title IX.”
Shannon Minter, an attorney with the National Center for LGBTQ Rights, called the investigation an “ominous” example of government overreach into private institutions.
“If they (women’s colleges) have chosen – as many of them have – to admit transgender students, that’s something they should be able to do freely without being worried about persecution by the federal government,” he said.
“This administration seems hellbent on eliminating any inclusion of transgender people anywhere in our society,” he added.
President Donald Trump has taken sweeping measures to limit trans people’s rights and to deny trans identity exists in the first place. New policies under his second term include banning trans people from the military, suing states for allowing trans athletes to play on high school sports teams, restricting trans and nonbinary children’s access to gender-affirming care, and a Day 1 executive order that redefined gender as “sex” and said that humans are either male or female, determined by biology at conception.
Trans people make up a tiny fragment of the country’s population. Just 1% of the United States population ages 13 and older identify as trans, according to the Williams Institute, a public policy research