
The Supreme Court declined to hear a Christian collegeās appeal in its lawsuit challenging the Biden administrationās rule on transgender housing.
Last year, the Eighth Circuit Court of Appeals declined to block a U.S. Department of Housing and Urban Development (HUD) directive on transgender housing that the College of the Ozarks argued ārequires private religious colleges to place biological males into female dormitories and to assign them as femalesā roommates,ā finding the college lacked standing to bring the lawsuit. In an unsigned order Tuesday, the Supreme Court declined to hear the collegeās appeal.
The College of the Ozarks filed its lawsuit in 2021 after HUD issued its directive in response to President Bidenās executive order redefining sex discrimination to include sexual orientation and gender identity, effectively making it so transgender individuals must be housed within dorms corresponding to their self-declared gender.
In his dissent, Eighth Circuit Judge Steven Grasz wrote that the agencyās guidance āskirts the rule of law and undermines our values.ā
āThis is especially true where regulated entities are placed under a sword of Damocles but are denied access to the courts because the sword has not yet fallen,ā he wrote.
The college petitioned the Supreme Court to review the decision in February, arguing that the HUD rule ājeopardizes the Collegeās ability to function, causes emotional harm to students who rely on the Collegeās housing policies, and dissuades Christian students from attending the College.ā
Nineteen red state attorneys general filed an amicus brief backing the collegeās lawsuit in March.
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