Supreme Court Declines Appeal From Christian School in Transgender Housing Case

The Epoch Times Header

The Supreme Court on Tuesday declined to hear an appeal from a Missouri Christian university that filed a lawsuit against the Biden administration over its transgender housing policy.

The justices issued a brief, unsigned order declining to take up a case filed by the College of the Ozarks, which appealed a lower courtโ€™s decision that found the university had no standing to challenge the policy. That court, as well as the U.S. Court of Appeals for the 8th Circuit, ruled that the school lacks standing because the federal government never tried to enforce the mandate against the school.

On the day President Joe Biden took office in early 2021, he signed an executive order that told federal agencies to interpret sex-discrimination provisions in federal laws. Weeks later, the Department of Housing and Urban Development (HUD) issued a memo (pdf) that updated the 1968 Fair Housing Act (FHA), claiming anti-discrimination laws can protect transgender individuals throughout the federal government.

In its challenge, College of the Ozarks said that the federal governmentโ€™s rulemaking clashed with the schoolโ€™s ability to house people based on their biological sex.

โ€œBecause the collegeโ€™s faith teaches that sex is based on male-female biology, not gender identity, the college assigns its dorms, roommates, and intimate spaces by sex and communicates that policy to students,โ€ College of the Ozarks told the Supreme Court.

Lawyers added that the result of the policy โ€œhas mammoth implications,โ€ according to court filings. โ€œIf HUD gets away with rewriting the FHA via the Directive, it has no incentive to ever go through the rule-making process. That eliminates judicial review until after an enforcement proceeding is complete and the regulated entity has already been harmed,โ€ it said.

The Justice Department (DOJ) previously argued that College of the Ozarks also has a religious exemption to such policies. It said that because of the exemption, the DOJ likely wonโ€™t enforce the FHA rule.

โ€œPetitioner has not alleged any past, current, or threatened enforcement of the Memorandum or the FHA against it or any similarly situated college โ€ฆ indeed, as the court of appeals emphasized, HUD has never filed a charge of sex discrimination based on a housing policy against an educational institution where, as here, the Department of Education has recognized that institutionโ€™s entitlement to a religious exemption under Title IX,โ€ the Justice Department said in court papers.

Byย Jack Phillips

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Columns

Why Fishermen Are Catching Fewer Lobsters in Maine

For veteran lobsterman Travis Dammier, it was the end of another trip at sea on a solo voyage to earn a living.

Viewers like you

There is no constitutional authority for any spending on public broadcasting โ€“ period. Any questions: See Article 1, Section 8 of the U.S. Constitution.

Beyond the Trump-Musk fallout?

We are witnessing an unprecedented, unhinged Democrat effort to use lawfare, big Democrat donors, street theater, congressional disruptions, potty-mouth videos, the administrative state, the legacy media, and discredited pollsters to stop the Trump agenda.

Trans-wormal

No worm ever said "I am anthropomorphizing, I am a butterfly" to a toad or flock of geese and expected acknowledgement and support.

In Greenlandโ€™s Icy Capital, Past Troubles Haunt Hopes for the Future

As geopolitical realities and ongoing economic growth raise the stakes, U.S. interest in Greenland and the dream of independence may change things in a big way.

News

Musk Mulls New Political Party Amid Feud With Trump

Elon Musk is considering launching a new political party in wake of his public fallout with President Trump over a major Republican tax and spending bill.

Citigroup Reverses Course on Controversial Firearm Policies

Citigroup reversed its policy requiring retail business clients to refrain from selling firearms to those who havenโ€™t passed background checks.

Supreme Court Sides With DOGE in Social Security, Records Cases

The Supreme Court handed DOGE two big wins late on June 6 in its effort to reduce the size of the federal government.

Kilmar Abrego Garcia Returns to US to Face Criminal Charges

Kilmar Abrego Garcia, a citizen of El Salvador, is on his way back to the US, where he will face criminal charges for allegedly smuggling illegal immigrants.

White House Adviser Gives Update on DOGEโ€™s Future Amid Muskโ€“Trump Spat

A top White House adviser said DOGEโ€™s work will likely continue amid a spat between its former chief, Elon Musk, and President Donald Trump.

Trump Administration Asks Supreme Court to Allow Dismantling of Education Department

Trump admin asked Supreme Court to allow it to resume dismantling U.S. Dept of Education, following a lower courtโ€™s previous order halting process.

FTC Warns of Rising Student Loan Scams, Says Fraudsters Took Millions From Borrowers

FTC is warning borrowers to steer clear of student loan debt-relief scams, after shutting down group of companies that allegedly charged millions in illegal fees and left customers worse off.

Walmartโ€™s Drone Delivery Coming to 5 More US Cities

Walmart is set to launch its drone delivery service in five more U.S. cities: Atlanta, Charlotte, Houston, Orlando, and Tampa, the company.
spot_img

Related Articles