The Texas Tech University System has instructed its five institutions to ensure all classroom materials and curricula align with a federal executive order recognizing only male and female sexes. The directive, issued by Chancellor Tedd Mitchell, has prompted immediate condemnation from free speech organizations, who describe the move as academic censorship.
Key Takeaways
- Texas Tech Chancellor Tedd Mitchell ordered a system-wide review of all instructional materials, including syllabi and course content.
- The directive requires alignment with a Trump administration executive order and a new Texas state law (HB 229) that define sex as a biological binary.
- Civil liberties groups, including the Foundation for Individual Rights and Expression (FIRE), have criticized the order as a violation of academic freedom.
- The policy comes amid broader political debates over classroom content in Texas, including a recent controversy at Texas A&M University.
Details of the New Directive
In a memorandum sent to the leaders of Texas Tech's five universities, Chancellor Tedd Mitchell mandated a comprehensive review of all teaching materials. The order specifies that "course materials, curricula, syllabi, and other instructional documents" must be brought into compliance with federal and state obligations.
The central requirement is the adherence to a strict male-female binary definition of sex. This policy affects all institutions within the system, including two universities that specialize in medical and health sciences education.
In the memo, Mitchell stated that the system's "adherence to these requirements is fundamental to our responsibilities as stewards of public trust." He acknowledged that faculty and staff might have differing personal opinions on the matter but emphasized their obligation as state employees.
"Regardless, in your role as a state employee, compliance with the law is required, and I trust in your professionalism to carry out these responsibilities in a manner that reflects well on our universities," Mitchell wrote.
Faculty members with questions about the new policy were advised to consult with their deans and provosts for guidance on implementation.
Legal and Political Justifications
The chancellor's directive cites several sources as its legal basis. The primary justification is a January executive order from the Trump administration, which directs the federal government to recognize only two sexes.
Following the federal order, Texas Governor Greg Abbott issued his own directive, encouraging state agencies to comply with what he termed "biological reality." It is important to note that neither the presidential executive order nor the governor's directive constitutes a legislative change impacting academic freedom directly.
Understanding HB 229
The memo also references a new Texas state law, HB 229, which took effect in September. This law provides strict definitions for "male" and "female" based on biological reproductive systems. However, the four-page statute does not contain any language that explicitly governs or restricts academic instruction in university classrooms.
Civil rights organizations like the ACLU of Texas and Equality Texas have previously criticized HB 229, arguing it is designed to erase the legal recognition of transgender and intersex individuals in the state.
Immediate Backlash from Free Speech Advocates
The directive was met with swift and strong opposition from organizations that defend academic freedom and free expression. The Foundation for Individual Rights and Expression (FIRE) was among the most vocal critics.
Adam Steinbaugh, an attorney for FIRE, issued a statement labeling the order as "obvious censorship that has no place in the United States." He argued that the policy unconstitutionally restricts open debate on a significant social and political issue within the very environment where it should be most encouraged.
"Matters of sex and gender are among the most-discussed social and political issues in our country. But at Texas Tech universities, you can debate and discuss these issues anywhere other than a university classroom," Steinbaugh stated. "That’s the one place where the exchange of ideas should be most free."
Critics of the directive also point out that the binary view of sex mandated by the policy is contrary to decades of established research within the scientific and medical communities, which recognize a more complex understanding of sex and gender.
Contradiction with Scientific Consensus
Major medical and scientific organizations, including the American Medical Association and the World Health Organization, recognize that sex is not strictly binary. These bodies acknowledge the existence of intersex variations and distinguish between biological sex assigned at birth and an individual's gender identity.
A Climate of Political Pressure
The Texas Tech directive does not exist in a vacuum. It follows a period of intense political scrutiny of higher education in Texas. Just weeks ago, Texas A&M University became the center of a major controversy after a professor was fired following the circulation of a video showing her teaching about gender identity. The incident, which drew criticism from Governor Abbott, ultimately led to the resignation of Texas A&M's president, Mark Welsh.
Leadership at the Texas Tech System is also in transition. Chancellor Mitchell announced his plans to retire in July. The sole finalist to succeed him is Republican State Senator Brandon Creighton.
Sen. Creighton is a prominent figure in Texas politics and was the author of the state's recent legislation banning most diversity, equity, and inclusion (DEI) initiatives at public colleges and universities. The system's regents are expected to formally approve his appointment soon.
These events highlight a growing trend of political intervention in academic affairs at Texas public universities, raising significant concerns about the future of free inquiry and expression on campus.
