This article has been updated since publication.
Left-wing media outlets are criticizing a memo written by the Texas Tech University System’s chancellor which mandates faculty adherence to laws recognizing only two biological sexes, framing it as an attack on LGBT ideology without legal basis.
On September 25, Texas Tech University System Chancellor Tedd Mitchell sent a memo to the presidents of the system’s institutions.
He wrote that state and federal law recognize male and female as the only two human sexes. He cited three sources: President Donald Trump’s January 2025 executive order, Gov. Greg Abbott’s January 2025 letter, and new state law House Bill 229.
HB 229 defined biological sex and required Texas agencies to record only male or female in vital statistics data. Abbott’s letter ordered agencies to reject gender identity policies and follow laws recognizing two sexes. Trump’s executive order directed federal agencies to use only biological sex and to remove gender identity from policy.
“Therefore, 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,” Mitchell wrote. “I appreciate your continued diligence in reviewing course materials, curricula, syllabi, and other instructional documents and following established procedures to make timely adjustments where needed.”
State Rep. Ellen Troxclair (R–Lakeway), the primary author of HB 229, commented on the situation.
“The Chancellor is correct – in accordance with science and biological reality, HB 229 recognizes that there are only two sexes,” she told Texas Scorecard. “While it is sad that a law had to be passed to recognize this truth, all State schools and universities must be in compliance with the law, and claims to the contrary are simply false.”
In his memo, Mitchell alluded to “recent developments” at universities statewide that “highlighted the importance of understanding these compliance obligations.”
Texas A&M came under scrutiny in early September when then-President Mark Welsh was criticized for his handling of a children’s literature course that included instruction on introducing LGBT and gender identity material to children as young as three. Welsh resigned on September 19.
Left-wing advocacy groups framed Mitchell’s memo as banning LGBT ideology system-wide.
University leaders have denied that characterization.
“The purpose of the Chancellor’s memo is to inform, guide and support our campus communities as we navigate this developing area of law and assess compliance obligations,” a Texas Tech spokesperson told Texas Scorecard, while pointing back to Mitchell’s statement. “We are asking that faculty continue to review course materials, curricula, syllabi and other instructional documents to make timely modifications as needed to ensure compliance with all applicable laws.”
This is not the first time the left has made this accusation. Days earlier, liberal media outlets reported that Angelo State University and TTUS were banning LGBT ideology with termination as a consequence for faculty non-compliance.
On September 23, Brittney Miller, ASU’s director of communications, wrote Texas Scorecard that the university complies with state and federal laws as well as executive orders from the president and Texas governor.
A Texas Tech University System spokesperson noted the same day that, while no specific policy addresses the governor’s directive or Trump’s order, TTUS and its institutions adhere to the same authorities cited by ASU.
The Texas Tech University System is overseen by a board of regents that is appointed by the governor and confirmed by the Texas Senate. The system encompasses five institutions, including Texas Tech University in Lubbock, its flagship campus.
On September 4, regents named State Sen. Brandon Creighton (R–Conroe) as the sole finalist to replace Mitchell as chancellor. Creighton is the primary author of Senate Bill 37, a new law passed during the regular legislative session. It overhauls several aspects of university governance, including abolishing “shared governance” with faculty and granting new oversight powers to boards of regents.
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