College of the Ozarks tried to block a HUD rule that would never affect them
Represented by Alliance Defending Freedom, College of the Ozarks tried to block a HUD rule that would never affect them.

Thursday, Alliance Defending Freedom was rebuffed by a federal judge it its efforts to obtain an injunction preventing a HUD rule from going into effect. The rule in question prohibits discrimination on the basis of gender identity.

The potential for this rule to affect the plaintiff in this matter is somewhere between zero and none.

In April of this year College of the Ozarks, a Christian college in Missouri, filed suit against the Biden Administration. Represented by Alliance Defending Freedom, the college’s claim is that the government is forcing the college to place transgender women in female dorms.

I am quite certain that a large number of transgender women are fiercely trying to be admitted to a small Christian college in rural Missouri.

ADF does not acknowledge the scientific fact that transgender women exist. The hate group consistently posits that transgender women are men. Period. According to Julie Marie Blake, a lawyer associated with ADF:

Women shouldn’t be forced to share private spaces — including showers and dorm rooms — with males, and religious schools shouldn’t be punished simply because of their beliefs about marriage and biological sex. Government overreach by the Biden administration continues to victimize women, girls, and people of faith by gutting their legal protections, and it must be stopped.

The truth of the matter is that this nonsensical litigation over a nonexistent problem is based on a nonexistent rule. On February 11, HUD released a memo. It refers to a January executive order by President Biden addressing discrimination in the federal workplace and public housing. The memo includes this language:

…the Executive Order directs every federal agency to assess all agency actions taken under federal statutes that prohibit sex discrimination and to fully enforce those statutes to combat discrimination based on sexual orientation and gender identity. HUD’s Office of General Counsel has concluded that the Fair Housing Act’s sex discrimination provisions are comparable to those of Title VII and that they likewise prohibit discrimination because of sexual orientation and gender identity. Therefore, I am directing HUD’s Office of Fair Housing and Equal Opportunity (FHEO) to take the actions outlined in this memo to administer and fully enforce the Fair Housing Act to prohibit discrimination because of sexual orientation and gender identity.

The memo adds:

[The agency] shall accept for filing and investigate all complaints of sex discrimination, including discrimination because of gender identity or sexual orientation, that meet other jurisdictional requirements. Where reasonable cause exists to believe that discrimination because of sexual orientation or gender identity has occurred, FHEO will refer a determination of cause for charge by HUD’s Office of General Counsel.

On April 20, I speculated:

  1. Over a two month span, ADF sought a litigant to pursue this matter.
  2. It found a useful idiot in the president of College of the Ozarks, Jerry C. Davis.
  3. ADF knows that it will raise enough money off this issue to offset any litigation expenses, … and then some.
  4. ADF’s claim that a Housing and Urban Development memo somehow applies to a private college is bullshit.
  5. Moreover, a memo is not a law. HUD merely pledges to investigate charges of discrimination.
  6. Aside from lacking merit, ordinarily a litigant would seek legal counsel if and when some adverse action occurs.
  7. Jerry C. Davis (the college’s president) and ADF’s Julie Marie Blake know that no such action will ever occur.
  8. Even if did happen (it won’t) the college would be afforded ample due process.
  9. ADF will continue to engage in this manner in order to characterize Democrats as radical transgender activists who “even want to force a Christian school to house biological males in a female dormitory.”
  10. Ergo, ADF is a participant in creating a wedge issue.

This afternoon, there is a text entry on the docket:

Minute Entry. Proceedings held before District Judge Roseann Ketchmark: denying 2 motion for temporary restraining order and preliminary injunction; EVIDENTIARY HEARING held on 5/20/2021. Proceedings held as noted on the record. Written order to follow. Counsel appearing for Plaintiff: Julie Marie Blake, Matthew S. Bowman. Counsel appearing for Defendants: James Luh, Serena M. Orloff. Time in court: 3:32 pm to 5:49 pm.

I will watch for the written order to see if I can glean any of Judge Ketchmark’s reasoning.

Note: Alliance Defending Freedom is considered an anti-LGBTQ hate group by the Southern Poverty Law Center.

By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.