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Education Department is investigating whether Smith College’s admissions violate Title IX – but this law doesn’t actually apply to the case

The probe could test whether private women’s colleges can keep transgender-inclusive admissions policies under federal civil rights law.

  • On May 4, 2026, the Education Department opened a Title IX investigation into Smith College for admitting transgender students, marking a new front in the Trump administration's challenge to school policies.
  • The administration maintains that sex is assigned at birth and unchangeable, shifting from prior efforts focused on restricting bathrooms and team sports to now targeting admissions policies at schools with transgender-inclusive practices.
  • Title IX, a 1972 law prohibiting sex discrimination in federally funded education, does not apply to private college admissions decisions, though it does authorize single-sex institutions like Smith to exist.
  • The investigation forces Smith to expend significant time and money on legal defense, testing whether the institution can withstand pressure from a hostile executive branch even if the probe does not result in a lawsuit.
  • Where Smith goes, other institutions will likely follow, as the administration continues pressuring schools through funding freezes and civil rights investigations, including recent probes into K-12 bathroom policies nationwide.
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Education Department is investigating whether Smith College’s admissions violate Title IX – but this law doesn’t actually apply to the case

Smith College is one of the 30 all-women's colleges in the U.S. Jonathan Wiggs/The Boston Globe via Getty ImagesSince 2015, Smith College, one of the largest and most prestigious women’s liberal arts colleges in the United States, has allowed any student who identifies as female to apply to and attend the school. Over the past decade or so, most other women’s colleges in the U.S. have taken similar steps, permitting transgender female students t…

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Washington Monthly broke the news on Thursday, May 28, 2026.
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