Court hears arguments in Minnesota religious discrimination case

Two families—along with attorneys representing a Christian college and a Christian university—appeared in federal court Monday to face off against Minnesota officials they said discriminated against them for their religious beliefs. The Loe and Erickson families sued Minnesota Commissioner of Education Willie Jett and the Minnesota Department of Education in May 2023. At issue was a law prohibiting colleges that require students to sign a statement of faith from participating in a program allowing high school students to start college early.

What are the details of this program? For almost 40 years, Minnesota’s Postsecondary Enrollment Opportunities program allowed high school students to take classes for free at a private or public college of their choice, according to the families’ lawsuit. The program aims to improve access to college for all students in the state by helping them find a school that suits their needs, the lawsuit explained.

How do the Christian colleges factor into this? In 2023, Minnesota passed a law preventing schools that require students to identify with a specific religion from participating in the program. The Loe and Erickson families wanted their children to be able to attend the Crown College or the University of Northwestern—St. Paul. The colleges both require students attending their classes to identify as Christians. A Minnesota judge in June 2023 issued a preliminary order allowing the families to send their children to Crown and Northwestern.

What does the state have to say? Minnesota officials in a July 2023 filing categorically denied any wrongdoing. They argued that the program provided only certain students access to college classes at eligible universities, not just any university. State officials argued that their actions were constitutional and denied that they discriminated against the universities or the families because of their religion. They went on to file a counterclaim, accusing both Christian colleges of unconstitutional actions. Specifically, they accused the schools of using public dollars to engage in religious, sexual orientation, and gender identity discrimination.

Dig deeper: Read Liz Lykins’ report in Liberties about how an Oregon youth ministry last month was fighting for funding in a federal appeals court.