The Supreme Court has recently refused to entertain the College of the Ozark's attempt to capsize a national law that will ban housing discrimination based on one's sexual orientation or gender identity.
This recent case was a reply to an executive order that was signed by President Biden on his first day in office, which led the Department of Housing and Urban Development (HUD) to promulgate a directive. The directive acknowledged sexual orientation and gender identity as aspects protected by anti-sex-discrimination clauses within multiple federal laws. This resulted in a reinterpretation of the Fair Housing Act (FHA) by the HUD.
Supreme Court Denies Christian College's Appeal Challenging Federal Gender Discrimination Directive
The Hill reported that the College of the Ozarks aspired to align its dormitory assignments with the school's Christian principles, assigning students based on their biological sex rather than gender identity.
The college initiated a lawsuit against the Biden administration in April 2021, challenging the updated interpretation of the FHA. However, both a trial judge and a split panel of appeals court judges found out that the college had no legal strength to continue its lawsuit, stating a lack of demonstrable harm.
The college sought a Supreme Court review of this decision, arguing that they had been denied the chance to provide input before the directive's implementation. Lower courts dismissed this argument, stating that the college is not currently under threat of enforcement.
In court filings, the college's lawyers expressed concern about the significant potential impact of the decision. According to an article from My Champlain Valley, they warned that the Department of Housing and Urban Development might bypass the rule-making process if it succeeded in redefining the Fair Housing Act through its directive. This could delay judicial review until after an enforcement action is completed, causing potential harm to the regulated entity.
The Alliance Defending Freedom, a conservative legal group known for challenging various pro-LGBTQ laws and access to mifepristone, a common abortion medication, represented the college.
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Some Courts Backed the Biden Administration
Lower courts, including the US Court of Appeals for the 8th Circuit, determined that the college lacked standing to contest the Biden administration last year due to no attempts being made to enforce anti-discrimination laws against it. As reported by USA Today, the Biden administration clarified that their 2021 guidance did not impose any specific actions or restrictions on the school, and the college had not reported any alleged past, present, or future enforcement.
The administration's memo was motivated by the 2020 Supreme Court decision in Bostock v. Clayton County, which deemed workplace discrimination based on sexual orientation and gender identity unlawful under Title VII of the Civil Rights Act of 1964.
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