Groups vow to continue fight after court decision on Trump/DeVos Dept. of Education rule that forced universities to fund discrimination by student groups

Americans United for Separation of Church State, American Atheists, and the Secular Student Alliance today vowed to continue the fight against a Department of Education rule promulgated by the first Trump administration, which forces public universities to financially support religious student groups that discriminate. The judge found that the rule complied with some procedural requirements, but did not decide on the merits of the other challenges, so the case will continue. 

‘Discrimination has no place in our public colleges and universities’

“The Trump/DeVos rule forces colleges to choose between protecting students and losing federal funding. Discrimination has no place in our public colleges and universities,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State. “Although today’s ruling was not what we had hoped for, the fight goes on. We will have our day in court. When taxpayer-funded colleges and universities allow discrimination in the name of religion, it violates religious freedom for all.”

The rule requires public colleges and universities to exempt religious student clubs from nondiscrimination provisions that apply to all other student clubs that are officially recognized by the colleges and funded by activity fees paid by all students. The plaintiffs argued the rule undermines the nondiscrimination policies that many colleges and universities have enacted to ensure that clubs don’t reject students from membership or leadership positions on the basis of race, religion, sex, sexual orientation, gender identity, disability, or other protected characteristics.

Case will continue; court did not decide constitutional, nondiscrimination claims

The lawsuit had argued that the Department of Education had no authority to issue this rule, and this is what the court decided in favor of the government. The lawsuit also argues that the rule imposed requirements that directly conflict with the U.S. Constitution as well as statutory nondiscrimination laws, which was not decided. The lawsuit had asked the U.S. District Court for the District of Columbia to invalidate the rule, which went into effect on Nov. 23, 2020.

“This unlawful rule was part of the Trump administration’s campaign to pander to Christian Nationalists and weaponize religious freedom to justify discrimination,” said Geoffrey T. Blackwell, legal director at American Atheists. “Freedom of religion is a fundamental American value that protects everyone’s right to believe or not, as long as they don’t harm others. It does not give people or organizations the right to ignore civil rights protections and discriminate.”

Trump rule would force students to subsidize student groups that discriminate

American Atheists and Americans United had sued on behalf of the Secular Student Alliance (SSA), the national nonreligious student organization, and SSA student members.

The Secular Student Alliance, the organizational plaintiff in this lawsuit, has student members at numerous public colleges and universities who would be harmed by this rule. The rule would have forced these students, who pay student-activity fees at their colleges, to subsidize religious organizations that discriminate in their membership or leadership. Students who are LGBTQ, religious minorities, nonreligious, or otherwise marginalized – including SSA members – are especially vulnerable to this discrimination.