Supreme Court won’t hear Christian college’s challenge to Biden ban on gender identity housing discrimination

This blog originally appeared at The Hill.

The Supreme Court on Tuesday denied a private Christian college’s bid to revive its lawsuit challenging a federal directive prohibiting housing discrimination based on gender identity or sexual orientation.

In a brief, unsigned order, the justices declined to take up the College of the Ozarks’s appeal of a lower ruling that found the school had no legal standing to move forward with its pre-enforcement challenge.

In a brief, unsigned order, the Supreme Court declined to hear the appeal of the College of the Ozarks, a private Christian college, regarding its challenge to a federal directive on housing discrimination based on gender identity or sexual orientation. The college had argued that the directive violated its religious beliefs and sought to assign dormitory housing based on students’ biological sex rather than their gender identity.

The lower courts had previously ruled that the college lacked legal standing to proceed with its challenge. They found that the college had not demonstrated a concrete injury and that there was no imminent risk of enforcement against the institution. The college appealed to the Supreme Court, asserting that the administration had denied them the right to comment on the directive before its implementation.

The Supreme Court’s decision not to take up the case means that the lower court’s ruling stands, and the federal directive remains in place. The directive, issued by the Department of Housing and Urban Development (HUD) following President Biden’s executive order, interprets sex-discrimination provisions in federal laws to include protections for sexual orientation and gender identity.

The College of the Ozarks was represented by the Alliance Defending Freedom, a conservative legal group known for challenging policies related to LGBTQ rights and other issues, such as abortion access.

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