Attorneys from Alliance Defending Freedom have appealed to the U.S. Supreme Court on behalf of College of the Ozarks after the U.S. Court of Appeals for the 8th Circuit ruled that the Christian college could not sue the Biden administration for attempting to compel the college to violate its religious tenets. The appeals court refused to halt a directive from the U.S. Department of Housing and Urban Development, which mandates that the college allow members of one sex to use the dormitories, including dorm rooms and communal shower facilities of the opposite sex.
College of the Ozarks, a private, Christian, liberal arts college in Point Lookout, Missouri, adheres to the Christian belief that biological sex is immutable and conducts its dormitory operations accordingly. The institution’s sincerely held religious tenets inform its policies, including those concerning student accommodation, which prohibit male pupils from residing in female residence halls, and vice versa.
In 2021, College of the Ozarks, represented by Alliance Defending Freedom, filed suit against the Biden administration, challenging a directive by the U.S. Department of Housing and Urban Development requiring entities covered by the Fair Housing Act to not “discriminate” based on sexual orientation or gender identity. The directive, premised on President Biden’s executive order titled, “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” was signed in January 2021. The directive would force religious schools to violate their principles by allowing biological males to access female dormitories and vice versa or risk incurring fines exceeding six figures, punitive damages, and legal fees.
The lawsuit, College of the Ozarks v. Biden, opposes the HUD directive and the executive order requiring it, arguing that the HUD directive contradicts the clear wording, meaning, and historical interpretation of the Fair Housing Act, which confirms that “sex” means biological sex. After a lower court dismissed the lawsuit, ADF appealed to the 8th Circuit Court of Appeals, which granted their motion for expedited oral arguments.
In November 2021, oral arguments took place in the college’s lawsuit.
A three-judge panel dismissed the college’s religious freedom concerns and concluded that the Christian College could not sue the Biden administration for seeking to force the college to violate its religious beliefs.
The dissenting judge in the 8th Circuit’s opinion concluded that it upheld a federal agency action that “skirts the rule of law and undermines our values,” leaving College of the Ozarks “under a sword of Damocles.”
On February 27, 2023, Alliance Defending Freedom attorneys representing College of the Ozarks asked the U.S. Supreme Court to review the decision by the 8th Circuit.
The petition asserts that “The [HUD] Directive forces the College to choose immediately between three injuries: (1) obey the government and abandon the College’s religious policies and speech; (2) refuse the government and risk crippling investigations and penalties; or (3) cease providing student housing.”
ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch explained why taking this case to the Supreme Court is so significant: “The government can’t strip a private, faith-based institution of its constitutionally protected freedoms because it disagrees with its views about marriage and sexuality,” Bursch said, “If the 8th Circuit decision stands, College of the Ozarks could be forced to choose between violating its religious beliefs or risking intrusive federal investigations and significant enforcement penalties. We hope the Supreme Court will take this case to halt the government’s inappropriate order targeting religious institutions and to respect the privacy, dignity, and safety of female students.”
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.
Learn more about ADF here: https://www.bloomberg.com/profile/company/0992289D:US
