Sexual Orientation and Gender Identity

A federal judge has ruled against a Christian college in Missouri, and the ruling may affect other Christian colleges and universities. It involves opening the women’s dorm rooms and showers to biological males. On his first day in office, President Biden issued an executive order prohibiting “discrimination on the basis of gender identity or sexual orientation.” His order requires federal agencies to interpret the word “sex” to include sexual orientation and gender identity.

The Fair Housing Act is part of the Civil Rights Act of 1968. It prohibits discrimination in the sale or rental of housing based on race, religion, or national origin. In 1974 a provision was added banning discrimination based on sex, but it says nothing about sexual orientation and gender identity. With the new executive order, the Department of Housing and Urban Development (HUD) is now enforcing the requirement based on “gender identity” and “sexual orientation” and applying it to dormitory housing at colleges and universities.

The College of the Ozarks is a Christian college near Branson, Missouri. In April 2021, the college sued the Biden administration, stating that the new executive order “requires private religious colleges to place biological males into female dormitories and to assign them as female’s roommates.” On moral and religious grounds, the school prohibits males students from female dorms and vice-versa. The federal judge ruled against the school.

Alliance Defending Freedom (ADF) plans to challenge the judge’s ruling. Ryan Bangert is vice president of legal strategy at ADF. He says that as it stands now, “If you have a male who identifies as a female, that student must be allowed to access female dormitories,” and that includes restrooms and showers. Failure to comply could result in fines that might force the school to close. That could be especially hard for College of the Ozarks, which does not charge tuition but depends on donations and requires all full-time students to work on campus.

Few Christian colleges could withstand hefty fines for violating the new rule, and dismissing a student because of sexual orientation and gender identity could create even more issues with the government. College of the Ozarks, like other colleges, is now working on housing plans for returning and new students in the fall. ADF said in a statement that “in this case the government is clearly overreaching.”

— Roland Earnst © 2021

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