discrimination sex-discrimination arkansas
How is it legal that my college does not have any &quot;co-ed&quot; dorms on campus and they only allow &quot;male-only&quot; and &quot;female-only&quot; dorms?
<p>I go to a <strong>Private, Christian college in Arkansas</strong>, and I feel as the college should not require students to be separated strictly by gender. I understand visitation rules and such, but I feel like there should be something that says that the college can not forcefully separate males and females in this day and age. I feel as if this type of housing should only be an option for those that request it, or overflow housing for those who are transferring in or did not register in time.</p>

<p>Others have mentioned Title IX, the federal law that generally prohibits sex discrimination at federally funded educational institutions, <a href="https://www.law.cornell.edu/uscode/text/20/1681" rel="noreferrer">20 US 1681 et seq</a>.  However, there is specific permission for single-sex housing in <a href="https://www.law.cornell.edu/uscode/text/20/1686" rel="noreferrer">20 USC 1686</a>:</p>
<blockquote>
<p>Notwithstanding anything to the contrary contained in this chapter, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.</p>
</blockquote>
<p>As to your &quot;in this day and age&quot;, this particular section of the law has not been amended since it was first passed in 1972.  If you think it should be, you can certainly write to your members of Congress and tell them so.</p>
<p>However, you say you attend a &quot;Christian&quot; college.  Religious schools get an even broader exemption from Title IX, as Michael Seifert also mentioned.  <a href="https://www.law.cornell.edu/uscode/text/20/1681" rel="noreferrer">20 USC 1681 (a) (3)</a>:</p>
<blockquote>
<p>This section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization;</p>
</blockquote>
<p>So even if 20 USC 1686 were repealed, if your college determined that mixed-gender housing was &quot;inconsistent with its religious tenets&quot;, they would probably be allowed to continue having single-gender housing anyway.</p>

<p>At the federal level, rules surrounding gender discrimination in higher education are controlled by <a href="https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html" rel="nofollow noreferrer">Title IX</a> of the Education Amendments of 1972.  However, <a href="https://www2.ed.gov/about/offices/list/ocr/docs/t9-rel-exempt/index.html" rel="nofollow noreferrer">there are certain exemptions</a> that have been carved out.</p>
<blockquote>
<p>Title IX generally prohibits a recipient institution from excluding, <strong>separating,</strong> denying benefits to, or otherwise treating students differently on the basis of sex in its educational programs or activities unless expressly authorized to do so under Title IX. Title IX and its implementing regulations contain several exemptions and exceptions from its coverage, including for the membership practices of certain organizations and admissions to private undergraduate colleges.</p>
</blockquote>
<p>Of particular relevance to your question,</p>
<blockquote>
<p>Title IX does not apply to an educational institution that is controlled by a religious organization to the extent that application of Title IX would be inconsistent with the religious tenets of the organization.</p>
</blockquote>
<p>It is possible that Arkansas state law has more stringent rules concerning gender discrimination in higher education;  individual states may impose additional such rules if they see fit, so long as they don't conflict with federal law.  However, the <a href="http://www.arkleg.state.ar.us/assembly/1993/R/Acts/962.pdf" rel="nofollow noreferrer">Arkansas Civil Rights Act of 1993</a> does not mention education, and the <a href="https://law.justia.com/codes/arkansas/2019/title-6/subtitle-5/" rel="nofollow noreferrer">Title 6 of the Arkansas Code</a>, which relates to higher education, does not appear to mention gender.  (Though it's possible I missed it.)</p>

<p>It is not clearly known if it is legal. The matter has not been definitively litigated and ruled on by SCOTUS. To paraphrase your question, what legal arguments could you posit in a lawsuit against your college. You would start with this memo on <a href="https://www.hud.gov/sites/dfiles/PA/documents/HUD_Memo_EO13988.pdf" rel="nofollow noreferrer">Executive Order 13988</a>, which implements (part of) Biden's understanding of <a href="https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf" rel="nofollow noreferrer">Bostock v. Clayton County</a>. It is uncontroversial that federal discrimination-prohibitions apply to colleges (well-established by case law regarding disabilities). Note that dormitories are listed as an example of a <a href="https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100#p-100.201(Dwelling%20unit)" rel="nofollow noreferrer">&quot;dwelling unit&quot;</a>.</p>
<p>There is, however, the <em>potential</em> for a religious exemption, <a href="https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-A/section-100.10" rel="nofollow noreferrer">24 CFR 100.10</a>, which says</p>
<blockquote>
<p>(a) This part does not:</p>
<p>(1) Prohibit a religious organization, association, or society, or any
nonprofit institution or organization operated, supervised or
controlled by or in conjunction with a religious organization,
association, or society, from limiting the sale, rental or occupancy
of dwellings which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving preference to
such persons, unless membership in such religion is restricted because
of race, color, or national origin</p>
</blockquote>
<p>In general,</p>
<blockquote>
<p>No person shall be subjected to discrimination because of race, color,
religion, sex, handicap, familial status, or national origin in the
sale, rental, or advertising of dwellings, in the provision of
brokerage services, or in the availability of residential real
estate-related transactions.</p>
</blockquote>
<p><a href="https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-B" rel="nofollow noreferrer">Subpart B</a> lists numerous specific prohibitions. Your (apparent) allegation of violation of federal could be thwarted by 24 CFR 100.10. College of the Ozarks filed a related lawsuit, <a href="https://adfmedialegalfiles.blob.core.windows.net/files/CollegeOfTheOzarksDistrictCourtOpinion.pdf" rel="nofollow noreferrer">which was denied</a> but not on the merits.</p>
