In an unprecedented move that has sent shockwaves through Texas higher education, the Texas Tech University System has ordered faculty across its five universities to recognize only two sexes—male and female—in classrooms and instructional materials. The directive, issued by Chancellor Tedd L. Mitchell in a memo distributed between September 25 and 27, 2025, mandates compliance with a series of state and federal laws and executive orders, igniting a fierce debate over academic freedom, constitutional rights, and the future of campus inclusivity.
According to Fox News and The Texas Tribune, the memo instructs university presidents to ensure that all faculty adhere strictly to the binary definition of sex as outlined in Texas House Bill 229, an executive order from President Donald Trump, and a letter from Governor Greg Abbott. The order requires that course materials, syllabi, curricula, and other instructional documents be reviewed and revised as necessary to comply. "I recognize that members of our community may hold differing personal views on these matters. Regardless, in your role as a state employee, compliance with the law is required," Mitchell stated in the memo.
The move follows a wave of legislative and executive actions at both the state and federal levels. On his first day in office, President Trump signed an executive order declaring, "It is the policy of the United States to recognize two sexes. These sexes are not changeable and are grounded in fundamental and incontrovertible reality." Shortly after, Governor Abbott instructed Texas state agencies to obey the president's order, later enshrining the policy in state law through House Bill 229. More recently, Abbott signed a bill restricting bathroom access in Texas public buildings based on biological sex, a measure that has drawn both national attention and widespread criticism.
Chancellor Mitchell's memo is clear about the legal obligations of faculty: "While recognizing the First Amendment rights of employees in their personal capacity, faculty must comply with these laws in the instruction of students, within the course and scope of their employment." He acknowledged that the area is "still developing" and suggested that further guidance might follow as legal interpretations evolve. However, the directive itself offers little clarity on what constitutes compliance or what the consequences for non-compliance might be.
The ambiguity has left many faculty and students at Texas Tech's five institutions—Texas Tech University, Texas Tech Health Sciences Center, Texas Tech University Health Sciences Center El Paso, Angelo State University, and Midwestern State University—deeply unsettled. As reported by The Texas Tribune, a professor at the flagship Lubbock campus, fearing professional repercussions, said, "Everyone is terrified." A graduate student who advocates for the transgender community echoed the sentiment, stating, "It’s such an injustice to the students who came here to learn." Both requested anonymity out of fear for their jobs.
The impact of the directive is already being felt. Faculty are scrambling to determine how to adapt their teaching without running afoul of the new rules. "Planned course content must be reflected in the syllabus through, at minimum, the course outline and the expected learning outcomes from the course," wrote Texas Tech Provost Ron Hendrick in a follow-up email. The university has emphasized the need for up-to-date syllabi and has warned that failure to comply could result in corrective measures.
Legal experts and free speech advocates have been quick to denounce the policy as an overreach. Chloe Kempf, a staff attorney with the ACLU of Texas, called it "an egregious attack on academic freedom," arguing, "The bottom line is that the Constitution requires—and Texans deserve—free and open learning environments in institutes of higher education." Adam Steinbaugh, an attorney with the Foundation for Individual Rights and Expression (FIRE), stated bluntly, "No directive can override the Constitution." Kelly Benjamin of the American Association of University Professors added, "You can’t place these kinds of limitations. That’s what you might see in authoritarian states. But in a democracy like the United States, this is particularly egregious."
The controversy is not confined to Texas Tech. Similar policies at Angelo State University, also part of the Texas Tech system, have drawn criticism from FIRE, which sent a letter to the institution alleging that restrictions on discussing transgender topics violate the First Amendment. "The First Amendment protects that exchange of ideas and no directive of the president, mandate of the governor, or command of the chancellor can override the Constitution. This is clear censorship that has no place in America," wrote Adam Steinbaugh in a statement to Fox News Digital.
Meanwhile, LGBTQ+ advocates warn that the directive will further marginalize transgender and nonbinary students and faculty. Brad Pritchett, interim CEO of Equality Texas, described the memo as a political maneuver that "makes scapegoats out of transgender people in an attempt to divert attention from other issues." He added, "The reality for anyone is that our communities exist, we contribute to the state, we are valuable Texans, just as anyone else. The idea here, of trying to erase entire swaths of community because you don't like the fact that we exist, is not something that anybody should be supportive of."
The timing of the directive is notable, coming in the wake of a high-profile incident at Texas A&M University, where a professor was fired after a student protested a classroom discussion on gender identity. The controversy drew backlash from conservative politicians and led to the resignation of Texas A&M’s president. The Texas Tech memo also follows the state’s recent ban on diversity, equity, and inclusion programs in higher education, though academic instruction was previously exempted from such restrictions.
Political observers see the directive as part of a broader trend of state intervention in university governance. Texas Republicans, who control both legislative chambers and every statewide office, have steadily increased their influence over higher education, appointing regents and passing laws that shape curriculum, hiring, and discipline. State Senator Brandon Creighton, a key architect of recent higher education bills, is set to become the next Texas Tech chancellor.
For faculty and students, the immediate concern is how the new rules will affect teaching, research, and campus climate. A recent survey found that a quarter of Texas professors are seeking jobs outside the state, citing political interference and anxiety. The Lubbock professor interviewed by The Texas Tribune said they are now searching for employment elsewhere, worried about the university’s ability to retain and attract talent.
The memo’s full impact on academic offerings remains to be seen. This semester, Texas Tech’s main campus offered eight Introduction to Women’s and Gender Studies courses, with strong student interest. University leaders say they are working with deans and department chairs to assess which programs may be affected. In a statement, the university said it is "continuing to seek clarity on certain matters while our faculty adhere to applicable laws."
As the debate rages on, the directive has become a flashpoint in the national conversation about free speech, academic independence, and the rights of LGBTQ+ individuals. With legal challenges likely and the eyes of the country watching, the outcome at Texas Tech may set a precedent for universities across the United States.
