A US federal judge has struck down a Minnesota law that barred religious colleges with faith-based requirements from participating in a state-funded college credit programme for high school students. The ruling declares the 2023 law unconstitutional, citing violations of religious freedom protections under the First Amendment.
The decision was issued by US District Judge Nancy Brasel, who ruled in favour of two Christian institutions—Crown College in St. Bonifacius and the University of Northwestern in Roseville. Both colleges require students to sign a statement of faith, which the state had argued excluded non-Christian and LGBTQ+ students from campus activities.
Background to the legal challenge
The Minnesota Postsecondary Enrollment Options (PSEO) programme, in place for over 40 years, allows high school students to take college-level courses for credit at public or private institutions. While the courses must be nonsectarian, students have historically had access to a broad range of colleges. Around 60,000 students have taken part in the programme.
In 2019, the Minnesota Department of Education began efforts to exclude institutions that required faith statements. The attempt became law in 2023 after Democrats gained control of both chambers of the state legislature and the governor’s office. The change was part of a broader education funding bill and was supported by LGBTQ+ advocacy groups and the Department of Education.
Supporters of the law argued that the faith requirement discriminated against students who were not Christian, straight, or cisgender. During a hearing in December, the state said the law aimed to protect students from exclusion based on religion, gender identity, or sexual orientation.
Court decision and legal reasoning
Judge Brasel ruled that excluding schools solely because they are religious violates the First Amendment. As quoted by the Associated Press, the judge stated the case required the court “to venture into the delicate constitutional interplay of religion and publicly-funded education.” She noted that US Supreme Court rulings provide “special solicitude to the rights of religious organizations.”
The ruling also struck down a related non-discrimination provision, which had prohibited schools from using religious beliefs, gender, or sexual orientation as criteria for student participation in the PSEO programme .
The schools and families who brought the case were represented by the Becket Fund for Religious Liberty. In a statement quoted by the Associated Press, Diana Thomson, senior counsel at Becket, said, “Minnesota tried to cut off educational opportunities to thousands of high schoolers simply for their faith.”
Financial and programme details
In the 2021 academic year, the University of Northwestern was Minnesota’s largest PSEO provider. From the 2017–18 to 2022–23 academic years, the state paid the university more than $33 million. Crown College received nearly $6 million during the same period.
Earlier in the case, both sides had agreed the ban would not be enforced while the court proceedings and any appeals were ongoing.
Related rulings and broader legislative context
This decision marks the second time in one week that a Minnesota court has overturned a law enacted during the period when Democrats held legislative control. On the Monday preceding the ruling, a state court invalidated a 2024 ban on binary triggers—gun accessories that enable faster firing—because it was included in a 1,400-page tax bill, violating the state constitution’s single-subject rule.
The Minnesota Department of Education did not immediately respond to requests for comment, and the state attorney general’s office referred inquiries to the department, as reported by the Associated Press.
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The decision was issued by US District Judge Nancy Brasel, who ruled in favour of two Christian institutions—Crown College in St. Bonifacius and the University of Northwestern in Roseville. Both colleges require students to sign a statement of faith, which the state had argued excluded non-Christian and LGBTQ+ students from campus activities.
Background to the legal challenge
The Minnesota Postsecondary Enrollment Options (PSEO) programme, in place for over 40 years, allows high school students to take college-level courses for credit at public or private institutions. While the courses must be nonsectarian, students have historically had access to a broad range of colleges. Around 60,000 students have taken part in the programme.
In 2019, the Minnesota Department of Education began efforts to exclude institutions that required faith statements. The attempt became law in 2023 after Democrats gained control of both chambers of the state legislature and the governor’s office. The change was part of a broader education funding bill and was supported by LGBTQ+ advocacy groups and the Department of Education.
Supporters of the law argued that the faith requirement discriminated against students who were not Christian, straight, or cisgender. During a hearing in December, the state said the law aimed to protect students from exclusion based on religion, gender identity, or sexual orientation.
Court decision and legal reasoning
Judge Brasel ruled that excluding schools solely because they are religious violates the First Amendment. As quoted by the Associated Press, the judge stated the case required the court “to venture into the delicate constitutional interplay of religion and publicly-funded education.” She noted that US Supreme Court rulings provide “special solicitude to the rights of religious organizations.”
The ruling also struck down a related non-discrimination provision, which had prohibited schools from using religious beliefs, gender, or sexual orientation as criteria for student participation in the PSEO programme .
The schools and families who brought the case were represented by the Becket Fund for Religious Liberty. In a statement quoted by the Associated Press, Diana Thomson, senior counsel at Becket, said, “Minnesota tried to cut off educational opportunities to thousands of high schoolers simply for their faith.”
Financial and programme details
In the 2021 academic year, the University of Northwestern was Minnesota’s largest PSEO provider. From the 2017–18 to 2022–23 academic years, the state paid the university more than $33 million. Crown College received nearly $6 million during the same period.
Earlier in the case, both sides had agreed the ban would not be enforced while the court proceedings and any appeals were ongoing.
Related rulings and broader legislative context
This decision marks the second time in one week that a Minnesota court has overturned a law enacted during the period when Democrats held legislative control. On the Monday preceding the ruling, a state court invalidated a 2024 ban on binary triggers—gun accessories that enable faster firing—because it was included in a 1,400-page tax bill, violating the state constitution’s single-subject rule.
The Minnesota Department of Education did not immediately respond to requests for comment, and the state attorney general’s office referred inquiries to the department, as reported by the Associated Press.
TOI Education is on WhatsApp now. Follow us here.
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