Judge strikes down Minnesota law barring religious colleges from dual-credit program

A federal judge has struck down a Minnesota law that excluded religious colleges from a popular program allowing high school students to earn college credits, calling it an unconstitutional violation of religious freedom.

The ruling, delivered late Friday by U.S. District Judge Nancy Brasel , marks a victory for Crown College and the University of Northwestern — two conservative Christian institutions that require students to sign a faith statement. The state had argued that such requirements effectively discriminate against non-Christian and LGBTQ+ students, according to the Associated Press (AP).

The program at the center
Minnesota’s Postsecondary Enrollment Options (PSEO) program has existed for four decades, letting high schoolers take college classes for free at public or private institutions. More than 60,000 students have participated, with Northwestern alone receiving over $33 million from the state between 2017 and 2023.

In 2023, lawmakers backed by the Department of Education amended the program to exclude colleges that required faith pledges, framing it as a measure to protect students who are not straight, cisgender, or Christian. The change came as part of a broader education funding bill passed after Democrats secured control of both legislative chambers, AP noted.

Parents and students push back
A coalition of parents and students challenged the law, arguing that their First Amendment rights were being violated. Represented by The Becket Fund for Religious Liberty , they insisted they should be able to choose schools aligned with their values without losing state support.

“Minnesota tried to cut off educational opportunities to thousands of high schoolers simply for their faith. That’s not just unlawful — it’s shameful,” Diana Thomson, senior counsel at Becket, said in a statement Saturday, according to AP.

Constitutional balancing act
Judge Brasel noted that the case required navigating “the delicate constitutional interplay of religion and publicly-funded education.” Citing U.S. Supreme Court precedents, she ruled that while states are not obligated to fund private education, they cannot exclude schools “solely because they’re religious” once they open public programs to private institutions, the AP reported.

In addition to voiding the faith-statement ban, Brasel struck down a related nondiscrimination clause that barred colleges from limiting admission based on gender, sexual orientation, or religious belief.

Political backdrop
The decision is the second time in a week that courts have dismantled laws passed during the Democratic “trifecta” in Minnesota. Earlier, a state judge invalidated a ban on “binary triggers” — gun devices that increase firing speed — ruling that it violated the state’s single-subject rule for legislation, per AP.

With this latest ruling, the future of PSEO’s scope remains unsettled. For now, religious colleges remain eligible, and families aligned with their missions see the judgment as a reaffirmation of constitutional protections.

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