Conservative Group Targets Kenyon College Over Ohio Bathroom Law Compliance
A prominent conservative legal watchdog, America First Legal (AFL), has launched a formal challenge against Kenyon College, alleging the institution is in violation of Ohio’s recently enacted bathroom law. This law mandates that multi-occupancy restrooms be designated based on biological sex. AFL has formally requested investigations from both the Trump administration, specifically the Department of Education’s Office for Civil Rights (OCR), and the Ohio Attorney General, Dave Yost.
AFL’s legal counsel, Will Scolinos, emphasized the clarity of Ohio law, stating, "Ohio law is clear: multi-occupancy restrooms must be designated for either men or women." He further criticized institutions of higher education for prioritizing what he termed "radical gender policies" over academic pursuits, arguing that requiring students to share restrooms is "not normal."
Kenyon College, in response to the allegations, issued a statement affirming its compliance with all state and federal laws. A college spokesperson conveyed their commitment to ensuring a safe and equitable environment for all students, faculty, and staff, particularly emphasizing the protection of women from discrimination and harassment. The college also expressed a willingness to cooperate with the Department of Education and the Ohio Attorney General in addressing any concerns.
The core of the dispute lies in Kenyon’s interpretation and application of the Ohio bathroom law. The law, which went into effect earlier this year, mandates the designation of student restrooms, locker rooms, and shower facilities based on biological sex. AFL asserts that Kenyon is circumventing this law by designating certain multi-occupancy restrooms in administrative and academic buildings as not exclusively for student use, thereby avoiding the sex-based restrictions.
Kenyon’s policy update attempts to justify its stance by stating that the restrooms in question "are not, and cannot be, designated for use exclusively by students" and that while students are permitted to use these restrooms, the student restroom requirements do not apply. However, AFL contests this interpretation, citing the Ohio law’s broad language that requires sex-based entry restrictions for any "restroom… accessible to multiple individuals at the same time."
AFL further contends that other Ohio schools are adhering to the law by applying these restrictions to all multi-occupancy restrooms, implying that Kenyon is deviating from established compliance practices.
Beyond state law, AFL also argues that Kenyon’s policy conflicts with President Trump’s executive order, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." This order establishes the official policy of the United States as recognizing two sexes, male and female, defining sex as an individual’s immutable biological classification, explicitly excluding gender identity.
In its letter to the Department of Education, AFL alleges that Kenyon’s failure to provide separate restrooms for men and women in academic and administrative buildings may constitute a violation of Title IX, the federal law prohibiting sex discrimination in education programs and activities.
The Department of Education’s Office for Civil Rights, now under the leadership of Craig Trainor, is already actively investigating similar concerns in other educational institutions. Trainor previously announced an investigation into Denver Public Schools for potentially violating Title IX through the installation of multi-stall, all-gender restrooms. He emphasized a commitment to not tolerating discrimination under the Trump administration.
Kenyon College, a private liberal arts institution, has proactively offered support to students affected by the new Ohio law. Resources available to students include the college’s civil rights office, campus chaplains, campus safety, the counseling center, and its Diversity, Equity and Inclusion (DEI) office.
This challenge against Kenyon College highlights the broader national debate surrounding transgender rights, bathroom access, and the interpretation of federal and state laws regarding sex and gender identity. The case also underscores the Trump administration’s focus on dismantling Biden-era DEI policies and what they perceive as "woke" ideologies.
The Department of Education, despite workforce reductions and potential restructuring, remains a key battleground in the ongoing culture war. Furthermore, the Department is currently investigating numerous universities for alleged antisemitism and violence against Jewish students since the Hamas terrorist attacks on Israel, indicating a wide range of enforcement priorities under the current administration.
The outcome of the investigations into Kenyon College’s restroom policies will likely have significant implications for other educational institutions across Ohio and the nation, setting a precedent for how these laws and executive orders are interpreted and enforced. The case also highlights the increasing politicization of seemingly mundane issues like restroom access, reflecting the deep divisions within American society regarding gender identity and the rights of transgender individuals. The investigations will likely draw considerable attention from both sides of the political spectrum, with LGBTQ+ advocacy groups and civil rights organizations closely monitoring the proceedings. Ultimately, the resolution of this dispute will contribute to the ongoing legal and cultural debate surrounding the rights and protections afforded to transgender individuals in public spaces and institutions. The case also underscores the challenges faced by educational institutions in navigating increasingly complex and often conflicting legal and social expectations regarding gender identity and inclusivity.
