A federal judge has invalidated restrictions that prevented faith-based colleges from participating in a dual enrollment program in Minnesota, ruling that such restrictions are unconstitutional.
This decision permits high school students to earn college credits at faith-based institutions of higher education for work completed during high school.
In her ruling on Friday, U.S. District Court Judge Nancy Brasel supported Minnesota parents who wanted their children to have the opportunity to earn postsecondary education credits at faith-based institutions and Christian colleges within the state.
The lawsuit challenged amendments made to the longstanding law that established the Postsecondary Enrollment Options (PSEO) program. These amendments, passed in 2023, clarified that eligible institutions “must not require a faith statement from a secondary student seeking to enroll in a postsecondary course under this section during the application process.”
The amendments also prohibit schools from basing “any part of the admission decision on a student's race, creed, ethnicity, disability, gender, or sexual orientation or religious beliefs or affiliations.”
Brasel, who was appointed by former President Trump, stated that the 2023 amendments violated the Free Exercise Clause of the First Amendment to the U.S. Constitution and the Freedom of Conscience Clause of the Minnesota Constitution. Her ruling ordered the amendments to be completely stricken from Minnesota state law.
“The Faith Statement Ban is inseverable from the Nondiscrimination Requirement, and so the Amendment must be stricken in its entirety,” Brasel wrote. “As for MDE's counterclaims, MDE lacks standing to assert its constitutional counterclaims, and its statutory counterclaim fails on the merits under the [Minnesota Human Rights Act].”
This decision comes after more than two years of litigation involving Minnesota parents Mark and Melinda Loe, as well as Dawn Erickson, who all want their children to earn PSEO credits at faith-based institutions. Two Christian colleges, the University of Northwestern – St. Paul and Crown College, which wish to participate in the program, are also plaintiffs.
The plaintiffs praised the ruling in statements released Monday through the Becket Fund for Religious Liberty, which is the law firm leading the legal challenge.
“We raise our children to put their faith at the center of their lives,” said Mark and Melinda Loe.
“Minnesota tried to take that right away from us by denying kids like ours the opportunity to attend schools that reflect their faith. We are grateful for this ruling, which protects students across the state and the schools they want to attend,” they added.
Diana Thomson, Senior Counsel at Becket, described the ruling as “a win for families who won't be strong-armed into abandoning their beliefs, and a sharp warning to politicians who target them.”
She characterized Minnesota's efforts to “cut off educational opportunities to thousands of high schoolers simply because of their faith” as both “unlawful” and “shameful.”
