A federal district court has upheld a faith-based homeless shelter’s right to provide its overnight sleeping areas to biological women only and to express its religious views publicly as the basis for admissions decisions against admitting biological males claiming to be female.
Hope officials told the court they feared the Anchorage Human Rights Commission (AHRC) would seek to enforce the revised code provision in a manner that would undermine the shelter’s nightly purpose of exclusively serving homeless women who were sexually or physically abused by men.
“The legislative history of the recent revisions ... fails to clarify whether the provision applies to Hope Center’s shelter. As discussed above, several Assembly members appeared to believe that the revised code—whether through its public accommodations provision or real property provision—would apply to Hope Center, whereas others did not,” the court stated in its decision.
But the court, noting that the AHRC Executive Director had said no such enforcement was planned, concluded the shelter had no reason to fear being penalized under the revised code.
“The Court is persuaded that the Executive Director’s administrative closure power mitigates Hope Center’s concerns about a ‘universe of potential complainants.’ If a member of the public were to file a complaint against Hope Center under section 5.20.020 or section 5.20.050, the Executive Director could dismiss that complaint before the investigation process commences,” the decision stated.
Ryan Tucker, senior counsel for the Alliance Defending Freedom (ADF), an Arizona-based public interest law firm that represents the shelter, told The Epoch Times that “it was only after we filed a lawsuit that the city then filed a disavowal saying in effect, ‘Oh no, just kidding, we’re not going to come after you.’
“But we had to go to court to request that, so the court is basically saying that, based on the city’s disavowal of prosecution, and also based upon the Supreme Court’s Fulton decision, I find Hope Center that you don’t need my help.”
The court also said the shelter does have standing to seek compensation for injury that resulted from officials cautionary decision to suspend posting explanations of the role of its religious views in its operation on behalf of abused women. Tucker said discussions on such compensation haven’t been initiated with the city.
“Downtown Hope Center serves everyone, but its overnight women’s shelter exists to provide a safe place for women, many of whom have survived sex trafficking, rape, or domestic violence at the hands of men.
“This is the second time Anchorage officials have targeted the center for operating according to its religious beliefs and serving the city’s homeless population. We hope the court’s order puts an end to this,” she stated.