A federal court has ordered a Christian college to comply with the Biden administration’s new orders on gender identity and cease separating dorms, bathrooms, and showers based on a student’s biological gender.
Judge Roseann Ketchmark refused to issue an injunction to halt the rules in a lawsuit brought by the College of the Ozarks, a private Christian college in Arkansas.
The ruling means students who were assigned male at birth but identify as female can legally shower with women while Ketchmark hears the case.
The College of the Ozarks is suing to overturn a Biden ad requiring that “agencies participating in the Fair Housing Act Assistance Program must either administer a law that explicitly prohibits discrimination because of gender identity and sexual orientation or must apply its fair housing law in a manner consistent with” a 2020 Supreme Court ruling that sexual orientation or gender identity are covered under sexual discrimination law.
“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 reads.
The school claims Biden violated laws requiring public notice and comment when it issued the rule, and that the rule violates the school’s constitutional rights.
The Bostock case cited by the Supreme Court and the Biden administration centered on the rights of a public employee. The school, and many others, claim that rules on gender identity should not apply to private businesses, schools, or properties.