A federal judge on Wednesday rejected a Christian college’s request to halt the Biden administration’s directive to open showers, restrooms and dorms to the opposite sex.
The College of the Ozarks, a Christian college in Missouri, had argued the government order impinges on the rights of Christians and violates Biblical beliefs.
The dispute sets up a new legal battle over religious liberty and gender identity.
Judge Roseann Ketchmark, an Obama appointee, heard oral arguments from both sides for more than two hours on Wednesday. After the hearing, she announced she was siding against the college’s request to issue an injunction.
“After careful consideration of the law … the court denies the plaintiff’s motion for temporary restraining order and injunction,” she said from the bench. “The court does find that the dispute is not justiciable.”
The judge plans to issue a written order as soon as possible, she said.
The History
The College of the Ozarks sued the Biden administration last month after the Department of Housing and Urban Development (HUD) issued a directive following President Biden’s executive order banning discrimination based on sexual orientation or gender identity.
The new directive reasoned that the Fair Housing Act prohibits discrimination on the basis of sex in dwellings, including colleges.
The College of the Ozarks argued the order will force schools to allow students of the opposite sex into dorms and intimate areas.
“For decades, the College has prohibited male students from living in female dormitories, and vice versa, regardless of whether those students identify with their biological sex. The College likewise separates intimate spaces such as showers and bathrooms in its dormitories,” the school’s lawsuit read.
Lawyers for the Justice Department defended the Biden administration’s policy, telling the judge that many of the arguments made by the college were rejected by the Supreme Court in the Bostock case.
Serena M. Orloff, another Justice Department attorney, said the government’s memorandum simply notes that HUD will investigate all claims of discrimination. She said leaving a hypothetical student who may face discrimination in the housing context due to sexual orientation or gender identity out of this dispute is unfair.
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“You shall not follow a crowd to do evil; nor shall you testify in a dispute so as to turn aside after many to pervert justice” (Exodus 23:2).