By Calvin Freiburger
Alliance Defending Freedom (ADF) has filed a lawsuit on behalf of the College of the Ozarks against the Biden administration’s efforts to force the religious institution to house “transgender girls,” i.e., actual boys, in female housing, including as roommates to actual girls.
One of President Joe Biden’s earliest acts was signing an executive order declaring the “policy of my Administration to prevent and combat discrimination on the basis of gender identity or sexual orientation, and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation.” It cites cites the U.S. Supreme Court’s Bostock decision claiming that federal law’s prohibition on discrimination “because of … sex” extends to “discrimination on the basis of gender identity and sexual orientation.”
The Daily Wire reports that the College of the Ozarks is suing to prevent itself from being forced to change its longstanding policy of separating male and female students in intimate facilities such as dormitories.
“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,” says the suit. But the White House’s edict “requires private religious colleges to place biological males into female dormitories and assign them as females’ roommates.”
“The government cannot and should not force schools to open girls’ dorms to males based on its politically motivated and inappropriate redefinition of ‘sex,’” declared ADF Senior Counsel Julie Marie Blake. “Women shouldn’t be forced to share private spaces — including showers and dorm rooms — with males, and religious schools shouldn’t 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.”
In March, Biden followed up that executive order with two more orders. One created a White House Gender Policy Council, which is tasked with “establish(ing) and pursu(ing) a comprehensive approach to ensure that the Federal Government is working to advance equal rights and opportunities, regardless of gender or gender identity”; the other directed the U.S. Department of Education to undertake a comprehensive review of “all existing regulations, orders, guidance documents, policies, and any other similar agency actions” for compliance with the goal of an “educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity.”