Equal Campus Access Act Advances in the House

​Religious organizations seeking official recognition on college campuses – and the same access to facilities as secular groups – are sometimes denied recognition. The reason?

Administrators have told student religious groups that they must open their leadership to people of all beliefs or no beliefs – otherwise, they would be guilty of discrimination. One such group at the University of Colorado-Colorado Springs, Ratio Christi, was told in 2019 that they had to leave their leadership positions open to all, regardless of their beliefs.

“It would be absurd for the university to require the vegan student group to appoint a meat-lover as its president,” observes Travis Barham, senior counsel at the Alliance Defending Freedom. “Likewise, the University of Colorado shouldn’t force Christian students to let atheists or other non-Christians to lead their Bible studies in order to become a registered club.”

Some universities, like Tufts, have reversed their positions. Ratio Christi reached a settlement with the University of Colorado after filing a lawsuit. But many universities continue to bar religious groups from becoming recognized student organizations. This might soon change thanks to the passage of a bill by the House Committee on Education and the Workforce.

The committee recently approved the Equal Campus Access Act, legislation that would require public colleges and universities to afford religious student organizations the same rights, benefits, and privileges they provide to other campus groups. Institutions that discriminate against religious organizations could lose access to federal funding.

The bill, introduced by Chairman Tim Walberg (R-MI), would protect religious organizations’ access to official recognition, campus facilities, and other benefits available to student groups. Crucially, these protections would apply regardless of an organization’s religious beliefs, practices, speech, leadership requirements, or standards of conduct.

“That protection is necessary because freedom of association means more than permitting students to gather in the same room,” said Bob Goodlatte, former House Judiciary Committee Chairman and Protect the First Senior Policy Advisor. “It includes the ability of an organization to preserve its identity and pursue its mission by selecting leaders who share its fundamental beliefs.”

A university would never insist that College Democrats select a Republican as their president or require an environmental organization to accept a climate-change skeptic as its spokesperson. Religious organizations deserve the same freedom to choose leaders who can faithfully represent their principles.

Sen. James Lankford (R-OK), who introduced the Senate version with Sen. Tim Scott (R-SC), framed the issue in appropriately constitutional terms:

“Freedom of religion, speech, and association are Constitutionally protected rights in every place in America, including America’s campuses. This bill makes clear that public colleges must grant religious student organizations the same rights as every other student group.”

The bill would codify a 2020 federal rule requiring the withdrawal of federal support from public colleges and universities that deny religious student organizations the rights available to comparable secular groups. It is backed by 47 organizations representing Christians, Jews, Muslims, the Church of Jesus Christ of Latter-day Saints, as well as First Amendment organizations.

Public universities should encourage a vigorous diversity of beliefs, not force religious students to surrender the defining characteristics of their organizations as the price of participating in campus life.
​
The committee has acted. The full House and Senate should follow.

DONATE & HELP US DEFEND YOUR FIRST AMENDMENT RIGHTS