College of the Ozarks v. Biden

College of the Ozarks is a Christian college in Point Lookout, Missouri, just south of the city of Branson. The college is best known for employing its students to work on campus instead of charging them tuition. This arrangement has earned it the nickname “Hard Work U.”

On his first day in office, President Joe Biden signed an executive order redefining “sex” to include “sexual orientation” and “gender identity” in federal laws. By doing this, the Biden administration is twisting long-standing legislation meant to protect women and girls by redefining what it means to be a female.

This wide-reaching executive order caused the U.S. Department of Housing and Urban Development to issue a rule change to the Fair Housing Act that requires both public and private colleges to allow males who identify as female into girls’ bathrooms and showers, and it even forces colleges to place males in girls’ rooms as roommates.

College of the Ozarks cannot follow this directive because it cut directly against its Christian beliefs. The college is seeking to protect its students’ dignity and privacy, especially for its young female students. In addition, HUD’s rule change clearly contradicts the wording, meaning, and historical interpretation of the Fair Housing Act, which has long defined “sex” to mean biological sex. For these reasons, College of the Ozarks filed a lawsuit against the Biden administration.

The Fair Housing Act is a federal law passed by the United States Congress in 1968. It prevents anyone from discriminating against an individual because of the person’s race, religion, sex, or other protected characteristics when selling or renting a dwelling.

The federal government has long applied the Fair Housing Act to dorms at public and private colleges and universities, but it has never interpreted the law to mean that colleges cannot have sex-specific dorms. When HUD issued its new directive, it clarified that colleges must allow males who identify as female into women’s dorms, bathrooms, and showers. This change harms young women who deserve privacy and safety in their own spaces.

In July 2022, a three-judge panel of the U.S. Court of Appeals for the 8th Circuit dismissed College of the Ozarks’ religious freedom concerns. ADF is now asking the Supreme Court to reinstate the college’s lawsuit, so that the college can protect the privacy, dignity, and safety of its students. Young women should not be forced to share private spaces—including bedrooms and showers—with men.