Two Christian schools appeared in Court Monday along with their lawyers to sue the State of Minnesota. They believe that Minnesota Commissioner of Education Willie Jett and the Minnesota Department of Education have discriminated against them for their religious beliefs. The controversy stems from a law banning high school students from enrolling in programs at universities that require a statement of faith from their students.
Minnesota’s Postsecondary Enrollment Opportunities program allowed high school students to take classes for free at a private or public college for nearly 40 years. The program is designed to help students find a college that aligns with their needs before they enroll. Since its inception, around 60,000 students have taken advantage of the program.
After a series of unsuccessful, attempts Minnesota passed a law preventing schools that require students to identify with a specific religion from participating in the program. This was part of a wave of legislation passed by Governor, and unsuccessful Vice-Presidential Candidate, Tim Walz. After the Democrats gained control of all three branches of the Minnesota government, they made LGBTQAI+ issues an immediate priority.
The Loe and Erikson families wanted their children to Crown College or the University of Northwestern—St. Paul. These are the only two schools in the state that require a signed statement of faith. Under the current law, their students would not be allowed to attend these schools. However, a Judge has issued a preliminary order allowing the families to send their children to Crown and Northwestern, even if only temporarily.
The state has denied any wrongdoing. Assistant Attorney General Jeff Timmerman argued at the hearing that “The state of Minnesota has a fundamental right to protect its students from discrimination.” They make the argument that the program has always been exclusive and only a few universities and classes are eligible. The accused the Crown College and the University of Northwestern—St. Paul uses public money to engage in religious, sexual orientation, and gender identity discrimination.
Eric Baxter, an attorney from The Becket Fund for Religious Liberty, believes that the state is unfairly targeting the two conservative schools. He argued: “There’s no evidence that the admissions requirements at Crown and Northwestern were causing a problem that was so compelling that they had to restrict these schools’ religious practices.” It is worth noting that only two out of the many schools engaged in this program require a statement of faith.
Both sides agree that the outcome of this case will be determined by recent Supreme Court Findings. The Supreme Court has consistently held that once the state starts funding private institutions, they cannot discriminate on religious grounds. The First Amendment Forbids excluding participation in government programs on a religious basis.
The representatives for the state, contend that these findings are not comparable to the current case. They contend that the law in question was passed to prevent discrimination and that is exactly what it has done. Timmerman also argued that allowing LGBTQAI+ students at Christian schools will not harm the religious expression of the other students.
