America First Legal Fights Biden Administration, Files Amicus Brief Defending Biological Sex and Religious Liberty

WASHINGTON, DC – Today, America First Legal Foundation filed an Amicus Brief in the case of College of the Ozarks v. Biden, et al.  AFL’s brief, filed with the United States Court of Appeals for the Eighth Circuit, calls on the court to protect religious liberty and the rule of law by striking down a recent unlawful directive from the Biden Administration’s U.S. Department of Housing and Urban Development (HUD), which would, among other things, require the College of the Ozarks and other universities to open girls’ dormitories to men who believe that they are women.

On January 20, 2021, the Biden Administration issued Executive Order 13988 directing federal agencies to elevate sexual orientation, gender identity, and “overlapping discrimination” over religious  liberty, the First Amendment, and the federal Religious Freedom Restoration Act.  On February 11, 2021, the U.S. Department of Housing and Urban Development (HUD) issued a “directive” declaring that the Fair Housing Act’s prohibition on sex discrimination includes “discrimination because of sexual orientation and gender identity.”  The purpose and effect of this “directive”issued without prior public notice or commentare to weaponize intersectional theories of “gender identity” and discrimination to target religious believers and their institutions for government investigation, enforcement, and punishment.  

Statement from America First Vice-President and General Counsel Gene Hamilton:

“AFL supports the College of the Ozarks in its fight for religious liberty against the Biden Administration and its agenda of intolerance for traditional Judeo-Christian religious beliefs.  To drive its radical agenda, HUD ran over the Constitution’s guarantee of religious liberty and plowed through federal laws protecting religious believers and ensuring that the public has prior notice and comment of agency policies and actions.  AFL will never stop fighting to protect our values, our Constitution, and our laws.” 


Read the full Brief here

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