Biden Stripping Away Religious Freedom from College Students

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Biden’s Department of Education (DOE) has recently stirred up controversy by issuing a proposal to rescind a Trump-era policy which served to protect the rights of religious student organizations on college campuses.

This decision has been met with apprehension from some advocates who feel that already existing rules which guarantee First Amendment rights, such as freedom of speech, should be sufficient in protecting these organizations.

The DOE has argued that it is the responsibility of the judicial branch to decide if any restrictions given by an institution are in violation of a person’s First Amendment rights, and if this were to be discovered, there would still be an opportunity for relief through the courts.

Nevertheless, Secretary Dr. Leecia Paydar made it clear that despite this proposed rescission, the department remains devoted to defending religious freedom and upholding First Amendment protections at public higher education institutions.

Dr. Paydar went further in assuring that regardless of this recent proposal, the DOE is fully committed to adhering to their vital mission of preserving and advancing religious liberty across our nation’s universities.

The agency was also sure to emphasize its unwavering support for safeguarding people’s right to freely express their religion without fear or hindrance. Additionally, they stated their belief that no student should ever have their right of expression compromised because of their faith or lack thereof.

If that’s the case, then why rescind it at all? Why not just leave it be?

This rescission has surely raised concerns among those who value religious freedom and expression on college campuses; however, the proposed move should not override existing regulations which aim to protect students’ basic constitutional rights under the First Amendment.

In September 2020, when the original rule was implemented by the Trump administration, Keisha Russell from First Liberty Institute noted that it was “a necessary and important step to protect students of all faiths and perspectives on campus” as many universities had imposed stricter standards on religious groups than other student groups, such as stripping them of communication access through college emails, websites, and events; in addition to denying them funding.

Under the proposed rule change, if an institution is found guilty of restricting religious organizations’ right to free speech or activities, they could risk losing federal funding. As such, it is essential for these public institutions to follow any stated institutional policies regarding freedom of speech in order to remain eligible for federal grants.

The DOE is requesting feedback on this proposed elimination from stakeholders and members of the public alike as they seek a balance between protection of student organization’s rights and refraining from creating an overly burdensome role for their department when investigating alleged cases of discrimination against such groups. It will be important for all stakeholders involved in this discussion to consider the implications which any potential changes may have on students’ freedom of religion before a final decision is reached in order to ensure justice prevails.