Richard A. Sokerka
College of the Ozarks is a small, private, Christian college located in Point Lookout, Mo.
Although the college may be small in size, it has made a big-time splash with news that it is suing President Biden over his anti-discrimination executive order that would force the college to abandon its religious principles in favor of gender politics.
The administration’s rule change forces religious schools to violate their beliefs by opening up female dorms to biological males and vice-versa, or face fines of up to six figures, punitive damages, and attorneys’ fees. The reinterpretation of “sex” in the Fair Housing Act comes in light of President Biden’s executive order, “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” which he signed on his first day in office in January.
Attorneys from the Alliance Defending Freedom (ADF), representing the college, filed suit in federal court last month against the Biden administration. The lawsuit challenges a directive from the U.S. Department of Housing and Urban Development that forces religious schools to violate their beliefs by opening their dormitories, including dorm rooms and shared shower spaces, to members of the opposite sex. The directive accomplishes this by requiring entities covered by the Fair Housing Act to not “discriminate” based on sexual orientation or gender identity.
“Religious freedom is under attack in America, and we won’t stand on the sidelines and watch,” said Jerry Davis, president of the College of the Ozarks. “To threaten religious freedom is to threaten America itself. College of the Ozarks will not allow politicians to erode this essential American right or the ideals that shaped America’s founding.”
According to Julie Marie Blake, ADF senior counsel, “The government cannot and should not force schools to open girls’ dorms to males based on its politically motivated and inappropriate redefinition of ‘sex.’ Women should not be forced to share private spaces — including showers and dorm rooms — with males, and religious schools should not be punished simply because of their beliefs about marriage and biological sex. Government overreach by the Biden administration continues to victimize women, girls, and people of faith by gutting their legal protections, and it must be stopped.”
The lawsuit opposes the HUD directive and the executive order requiring it. The lawsuit explains that the HUD directive contradicts the historical judicial interpretation of the Fair Housing Act, which confirms that “sex” means biological sex. The suit also argues that the directive exceeds the administration’s authority and violates the constitutionally protected freedom of College of the Ozarks and similar religious institutions to operate consistently with their religious beliefs.
College of the Ozarks holds the belief that biological sex is not changeable and operates its dorms accordingly. “Occupancy and access in the college’s residence halls are separated by biological sex, not identity, and that residence in student housing depends on compliance with the student code of conduct, including the commitment to avoid all sexual relations outside of a marriage between one man and one woman,” the lawsuit reads.
The suit claims that the order violates the school’s First Amendment-protected rights to tell students about its religious-informed residence hall policies.
We are heartened to see that one small college is taking the Biden Administration to court on this executive order that is so morally wrong. And we hope other Christian colleges will stand with College of the Ozarks to fight this egregious violation of their religious beliefs.