Attorneys for the civil rights advocacy group Alliance Defending Freedom (ADF) representing College of the Ozarks have sued the Biden Administration for a directive forcing the private Christian college to open its sex-specific dorms and showers to members of the opposite sex. They have also filed for a temporary injunction on the directive with the United States Eighth Circuit Court of Appeals. The directive and lawsuit have caused a firestorm of negative press on top of Biden's already controversial presidency.
The appeal involves the college's request for a temporary restraining order and preliminary injunction order, which would prohibit the Housing and Urban Development (HUD)'s directive from being enforced while the lawsuit proceeds. Additionally, the lawsuit is a counter to an order from the HUD that requires religious institutions to violate their convictions by opening their dorms, including dorm rooms and common bathing areas, to individuals of the opposite sex.
The HUD directive does this by directing entities, such as the Christian college, covered by the Fair Housing Act not to "discriminate" on the basis of sexual orientation or gender identity. The appeal, if granted, would prevent the HUD directive from being enforced while the lawsuit continues.
ADF Senior Counsel Julie Marie Blake explained the unconstitutionality of the directive in a statement:
"It’s entirely inappropriate—as well as unconstitutional—for the government to force private religious schools to open girls’ dorm rooms to males or vice-versa. President Biden is punishing religious schools, organizations, and churches simply because of their beliefs about marriage and biological sex. Schools like the College of the Ozarks are free to follow the faith tradition they represent. That’s why we are asking the 8th Circuit to halt enforcement of this unconstitutional directive while our lawsuit proceeds."
The administration's policy change requires religious institutions to violate their values by admitting biological men into female dorms and biological females into male dormitories, or risk fines of up to six figures, punitive damages, and attorneys' costs. HUD's redefinition of "sex" under the Fair Housing Act follows President Biden's Executive Order titled "Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation," which was signed in January 2021.
The Unconstitutional directive states:
Effective immediately, FHEO shall accept for filing and investigate all complaints of sex discrimination, including discrimination because of gender identity or sexual orientation, that meet other jurisdictional requirements. Where reasonable cause exists to believe that discrimination because of sexual orientation or gender identity has occurred, FHEO will refer a determination of cause for charge by HUD’s Office of General Counsel. Moreover, if discrimination because of gender identity or sexual orientation occurs in conjunction with discrimination because of another protected characteristic, all such bases shall be included within the complaint, investigated, and charged where reasonable cause exists. Similarly, FHEO shall conduct all other activities involving the application, interpretation, and enforcement of the Fair Housing Act’s prohibition on sex discrimination to include discrimination because of sexual orientation and gender identity.
According to the lawsuit, the HUD instruction defies the Fair Housing Act's past court interpretation, which establishes that "sex" denotes biological sex. The lawsuit also argues that the directive surpasses the administration's jurisdiction and violates the College of the Ozarks' and comparable religious institutions' constitutionally protected rights to operate in accordance with their religious values.
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