C of O asks SCOTUS to weigh in on gender housing case

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Disputing a Directive: C of O suit seeks to keep genders separate in dorms

College of the Ozarks is turning to the U.S. Supreme Court in a 2021 case involving gendered dorm living on campus.

Attorneys with Alliance Defending Freedom, which represents Point Lookout-based C of O, have asked the top federal court to review the case, according to a news release.

Last year, the U.S. Court of Appeals for the 8th Circuit upheld a Western District of Missouri judge's decision to dismiss the case. The judge's decision indicated C of O cannot sue the Biden administration over a directive designed to prevent discrimination based on gender identity or sexual orientation when it comes to federal funding, including housing such as college dorm rooms and shared shower spaces. C of O has alleged the directive violates its religious beliefs.

“College of the Ozarks should be free to follow the religious tradition on which it was founded. The government can’t strip a private, faith-based institution of its constitutionally protected freedoms because it disagrees with its views about marriage and sexuality,” said John Bursch, ADF senior counsel and vice president of appellate advocacy, in the release. “If the 8th Circuit decision stands, College of the Ozarks could be forced to choose between violating its religious beliefs or risking intrusive federal investigations and significant enforcement penalties.

"We hope the Supreme Court will take this case to halt the government’s inappropriate order targeting religious institutions and to respect the privacy, dignity and safety of female students."