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Consequences of New Anti-discrimination Rules

Discrimination is a buzzword that has all kinds of implications. Of course, we don’t want to be accused of discriminating against someone based on race or gender. However, the federal government has gone far beyond those categories and has gotten into areas involving morality. So what are the consequences of new anti-discrimination rules?

In February of 2021, the United States Department of Housing and Urban Development issued a directive barring discrimination in housing based on sexual orientation or gender identity. For schools and colleges, this means that dorm rooms, locker rooms, shower spaces, and restrooms must be open to anyone, no matter their gender or sexual orientation. Schools not following the directive face fines and criminal penalties.

We are already seeing the consequences of new anti-discrimination rules in high schools where boys are demanding to use girls’ locker rooms and participate in girls’ sports. A more complex situation is confronting Christian colleges because of moral concerns. They can be threatened with government action if they have a girls’ dorm or a boys’ dorm.

The College of the Ozarks near Branson, Missouri, is involved in a court battle. This school, affiliated with the Presbyterian Church USA, was established in 1906. It has 1426 students and 30 academic majors. The college’s five-fold mission is to encourage academic, Christian, cultural, vocational, and patriotic growth in its students. With the help of Alliance Defending Freedom, the school is challenging the new government rules.

The federal government has taken the Civil Rights Act of 1968 as the basis of its directive. That law was written to stop discrimination against African Americans, but they are reinterpreting it to accommodate LGBTQ activists. The consequences of new anti-discrimination rules for Christian colleges will be to open all dorms to everyone. An alternative would be to close the dorms and force students to find off-campus housing, which would be a financial hardship for the schools. Christian colleges across the nation are watching what happens in this court battle.

Reference: Faith and Justice magazine for August 2021, pages 10-17, and College of the Ozarks website. You can also read more about the case of College of the Ozarks v. Biden HERE.

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.”

You can follow this on adflegal.org