The
Supreme Court
rejected an appeal on Tuesday from a
Christian
college in Missouri that sued the Biden administration over a requirement to open dorm rooms and shared shower spaces to members of the opposite sex.

The College of the Ozarks asked the justices to
block
the Department of Housing and Urban Development
directive
that added “gender identity” to the definition of “sex” in the 1968 Fair Housing Act.

“Because the college’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,” the college told the Supreme Court in its appeal.

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Lower courts, including the U.S. Court of Appeals for the 8th Circuit, sided with the Biden administration last year, finding that the college lacked the standing to sue in part because the government didn’t attempt to enforce the anti-discrimination complaint against the college.

John Bursch, senior counsel at Alliance Defending Freedom representing the college,
said
the 8th Circuit ruling could force the college to “choose between violating its religious beliefs or risking intrusive federal investigations and significant enforcement penalties.”

ADF senior counsel Marie Blake told the Washington Examiner the high court “left this issue unresolved,” adding that the group will “continue to confront government overreach.”

“Though the high court chose not to review this case, we are hopeful it will soon take up related cases — both challenges to the broad overreach of the Biden administration and the government’s repeated attempts to remove from law any real distinctions between males and females,” Blake said.

The Biden administration order was built in part due to the Supreme Court decision in Bostock v. Clayton County, which expanded the Civil Rights Act of 1964 to include sexual orientation and gender identity.

In response to the lawsuit in late May, the Biden administration said the guidance does not by itself require the college “or any other housing provider to do or refrain from doing anything.”

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The college “has not alleged any past, current, or threatened enforcement,” the administration wrote.

HUD declined to comment to the Washington Examiner, citing “ongoing litigation.”