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‘[They’re] doing everything they can to discriminate against males, … but claiming that they are not because men will technically not be barred,’ law professor says
At the University of Southern California, the Student Assembly for Gender Empowerment recently began a gym hour specifically for female and “non-binary” students that has raised legal red flags among some scholars.
SAGE created this “welcoming and inclusive fitness environment for all students,” but proponents and the poster specifically mentioned wanting the space for “women and non-binary identifying students.” The gym hour runs from 10 to 11 a.m. on Mondays and Wednesdays. It began April 6 and will continue through May 15, according to a poster advertising the event.
John Banzhaf, a law professor at George Washington University Law School, told The College Fix in a recent interview that “Title IX generally prohibits discrimination based upon sex in the provision of services and facilities by universities.” Banzhaf is a well known public interest lawyer often handling cases involving sex discrimination.
Banning an entire sex—in this case men—from a commercial space is strictly prohibited under Title IX. However, SAGE opted for wording that is inclusive on its official promotions of the initiative.
For example, SAGE’s poster advertising the special gym hour states, “Open to all!”
But Banzhaf said the claim that “while women are very strongly preferred, men will technically not be barred” is nothing but a facade to avoid issues with Title IX and the university.
When asked about legal concerns regarding this initiative, an unnamed spokesperson for USC Student Life told The College Fix via email: “This program is sponsored by USC’s undergraduate student government and is open to all students consistent with university policy.”
While none of SAGE’s members responded to an interview request from The College Fix, they were quoted in The Daily Trojan—USC’s school newspaper—as to why they began the project to begin with.
“My past experiences with being in enclosed spaces where it’s very men-dominated has never been super pleasant,” USC senior Mengze Wu said. “There tends to be this problem that I face where I don’t get to take up a lot of space unless I really declare myself. And even with that, I face a lot of hindrance in being able to feel completely comfortable.”
Wu began going to the gym with her friend this past year. “I didn’t really want to go alone,” Wu’s friend, Hannah Lee said, “because it’d be nice to have another person with me to make me feel more comfortable.”
Jana Alnajjar, advocacy liaison for USC’s SAGE group, told the The Daily Trojan that there was “a lot of back and forth” when trying to determine whether an initiative such as this would even be possible, simply because of the need to avoid Title IX violations.
“How can we do it and advertise it in a way that students know it’s a space for them, but is still open to all?” Alnajjar said.
Regarding this, Banzhaf told The Fix that SAGE is “trying to have their cake and eat it too. [They’re] doing everything they can to discriminate against males, … but claiming that they are not because men will technically not be barred; only made to feel very unwelcome.”
A move like this has the potential to cause significant legal ramifications. “I expect that there would be legal actions,” Banzhaf said, noting that there also could be “complaints to agencies, to accreditation organizations, etc.”
Another legal scholar, George Washington University Law School Professor Jonathan Turley also wrote about the situation on his blog recently.
“The measure is likely to draw criticism and possible action from the Trump Administration …” Turley wrote. “Men are being banned because their very identity or presence is viewed as offensive or disruptive. Imagine if USC took such exclusionary policies toward any other racial or gender group.”
According to The Daily Trojan, for Alnajjar, this particular initiative is only the first phase in a much larger project. “My short-term goal is just to get this room utilized and show the administration and … USC as a whole how much this is needed.”
She said she hopes that proving there is a demand for a space such as this will result in eventually being able to open a larger space at less inconvenient times of day.
MORE: San José State sues Trump admin over Title IX ruling on trans volleyball player
