Eighth Circuit: Christian College Lacks Standing to Sue Biden Admin Over Directive to Violate Women’s Privacy

A federal court last May denied the College of the Ozarks’s request to block a Biden administration directive that the school said would lead it and other Christian colleges to open single-sex dorms to people pretending to be the opposite sex. Men would share rooms and bathrooms with women, including shared shower spaces.

The school claimed the U.S. Department of Housing and Urban Development failed to provide a period of notice for this change under the Fair Housing Act. But the court ruled that the college didn’t have standing to bring the case.

The Biden administration redefined the word “sex” in non-discrimination provisions to include sexual orientation and “gender identity.” Guess which U.S. Supreme Court case it cited to justify violating women’s privacy, safety, and sense of modesty? The “conservative” Bostock v. Clayton County case, which interpreted Title VII of the Civil Rights Act of 1964 to bar employment discrimination against homosexuals and “transgendered” people.

The College of the Ozarks appealed to the U.S. Court of Appeals for the Eighth Circuit. Campus Reform reported that the court upheld the lower court’s decision:

Alliance Defending Freedom (ADF), which represented the college, alleged that the order violated religious liberty by forcing religious schools to open “their dormitories, including dorm rooms and shared shower spaces, to members of the opposite sex.”

The appellate court, however, upheld a lower ruling to toss the case on the basis that the college lacked sufficient standing to sue.

“The district court ruled that the College lacked standing to establish a case or controversy and dismissed the action for lack of jurisdiction,” the July 27 ruling stated. “The College appeals, and we affirm.”

According to a statement provided to Campus Reform by ADF Senior Counsel Matt Bowman, ADF is “considering all legal options.”

“While we are disappointed about the decision, we will continue to advocate for College of the Ozark’s freedom to operate and educate students consistent with its faith-based mission. And College of the Ozarks will continue to follow that mission and serve its students well,” Bowman’s statement read.

For the sake of all faith-based colleges and universities across the country, we hope the College of the Ozarks and ADF will keep fighting for freedom and decency.

Photo credit: Nan Fry (Creative Commons) – Some rights reserved

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