Education Department rule insulates faith-based student groups at public universities from nondiscrimination requirements

Education Secretary Betsy DeVos last week issued a final rule that, among other things, bars public universities from denying organizational privileges to faith-based student groups that have discriminatory membership or leadership restrictions. According to a Department of Education Fact Sheet, the rule is designed to “ensure that public institutions of higher education uphold fundamental rights guaranteed in the First Amendment to the U.S. Constitution, including protections for freedom of speech, association, press, religion, assembly, petition, and academic freedom.”