Samuels v. Barnard College is a federal lawsuit filed in July 2023 by Justin Gaffney Samuels, a man, against Barnard College, a private women's college in New York City. The lawsuit alleges that Barnard's decision to exclude men from admission violates Title IX of the Education Amendments of 1972, which prohibits sex discrimination in education programs and activities that receive federal funding. Barnard College is a part of Columbia University, and Samuels graduated from Columbia University with a masters in English education in February 2017.
Title IX does not explicitly prohibit discrimination against transgender students. However, the U.S. Department of Education's Office for Civil Rights (OCR) has interpreted Title IX to prohibit discrimination on the basis of sex, including discrimination against transgender students. In 2020, the OCR issued guidance clarifying that Title IX protects transgender students from discrimination in all aspects of education, including admissions. OCR uses Bosock vs Clayton county in which the Supreme Court rules sexual orientation and gender identity illegal in employment as the base to interpret Title IX to cover gender identity and sexual orientation discrimination. Barnard College had a number of programs at the Athena Film Festival and the Athena Center that did not accept men. Samuels filed complaint with OCR and it was determined that all of the programs outside Barnard's undergraduate admissions were in violation of Title IX and as of June 24, 2023 these programs accept both sexes, all sexual orientations, and all gender identities.
The lawsuit argues that Barnard's policy of excluding men from admission violates Title IX because it discriminates against men like Samuels. Samuels argues that he is a man and that he should be able to attend Barnard College on the same terms as any other woman as Barnard is taxpayer funded. In SFFA vs Harvard and UNC, the Supreme Court ruled that the equal protection clause applies to all federally funded programs such as university admissions and that the government nor these programs can show preferential treatment.
Barnard College has defended its policy, arguing that it is necessary to preserve its single-sex identity. Barnard argues that its single-sex education model provides unique benefits to women, such as a more supportive and collaborative learning environment.
The case is still pending in federal court. The outcome of the case could have a significant impact on the rights of transgender students in the United States.
In addition to the legal challenges, Barnard's decision to exclude men from admission has also been met with criticism from some students, alumni, and faculty. Some critics argue that the policy is discriminatory and outdated. Others argue that it is harmful to the college's reputation and its ability to attract top students.
It remains to be seen whether Barnard will be able to continue to exclude men from admission. The outcome of the Samuels lawsuit could have a major impact on the case. However, even if Barnard is successful in the lawsuit, it is possible that the college will face continued pressure to change its policy.
