In an effort to be more inclusive, Harvard University now asks incoming freshmen to check off their pronoun of choice during the initial course registration process: he, she, ze, e or they. Harvard is one of a growing number of colleges and universities nationwide that asks incoming students to choose their preferred pronoun. Requesting this information is just one way in which schools are addressing issues of transgender rights. Institutions of higher education as well as secondary schools are grappling with gender identity in light of their legal obligations under Title IX, specifically with regard to the rights of transgender and gender-fluid students to utilize single-sex facilities (such as a locker room or restroom).
A divergence between recent letter rulings from the Department of Education Office for Civil Rights (OCR) finding that transgender status is protected, and court opinions holding that it is not, has left schools struggling to understand their legal obligations and adopt compliant policies. Two recent court cases, including one on appeal in the U.S. Court of Appeals for the Third Circuit, specifically address the question of whether schools can require transgender students to use the locker rooms and restrooms of their birth gender.
Title IX and Gender Identity
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