CLS student chapters and other religious student organizations frequently encounter problems in becoming, or remaining, recognized student organizations on public university campuses. To address this problem, the United States Department of Education, in 2020, proposed two regulations that would protect religious student organizations’ ability to remain on public university campuses.
Proposed regulation 34 CFR § 75.500(d) states (and § 76.500(d) is essentially verbatim): “A public institution shall not deny to a religious student organization at the public institution any right, benefit, or privilege that is otherwise afforded to other student organizations at the public institution (including full access to the facilities of the public institution and official recognition of the organization by the public institution) because of the beliefs, practices, policies, speech, membership standards, or leadership standards of the religious student organization.” 85 Fed. Reg. 3190, 3223, 3226 (Jan. 17, 2020).
By 2020, fourteen states had already passed laws that protect religious student groups on public college campuses. Click here to listen to a podcast featuring Mike Schutt and Kim Colby discussing the proposed regulations. Read CLS’s comment letter, its attachments, and Addendum A and Addendum B that was filed February 18, 2020, in support of the proposed regulations.
The campus access regulation became final on September 23, 2020, and effective as of November 23, 2020.