College of the Ozarks has had their lawsuit against the Biden administration denied after a two and a half hour hearing.
Judge Roseann Ketchmark, an Obama appointee, denied the temporary restraining order and preliminary injunction on Wednesday.
The school had stated that changes made by the Department of Housing and Urban Development regarding a Biden executive order that states “all persons should receive equal treatment under the law, no matter their gender identity or sexual orientation” would force the Christian school to put males into female dorm rooms, or require the school to allow biological males into female showers and bathrooms.
The Alliance Defending Freedom had joined with the school in the suit.
Julie Blake, an attorney for ADF, argued on behalf of the school that they should not need to wait for actual enforcement actions to challenge the constitutionality of the law, and the school faced significant fines and penalties if they did not allow men into women’s spaces.
A lawyer for HUD said the directive from President Biden was not aimed at colleges and that there was no immediate threat of a complaint to HUD about the school.