Equal Campus Access Act Introduced in U.S. Senate

Late last week, Senators James Lankford (R-OK) and Tim Scott (R-SC) reintroduced the Equal Campus Access Act in the U.S. Senate. This bill was first introduced in 2023 following the Biden administration’s proposal to remove a rule established during President Trump’s first term that prohibited discrimination against religious groups on campus. This bill aims to codify the rule’s protections into federal law.

If enacted, the bill would prohibit public colleges and universities from receiving federal funds if they deny recognition or withhold benefits from a religious student organization because of its religious beliefs, practices, speech, or leadership standards. This would strengthen religious freedom and freedom of association on our college campuses.

“This bill makes clear that public colleges must grant religious student organizations the same rights as every other student group,” Sen. Lankford told The Daily Signal. “At a time when our nation needs hope and unity, the ability to exercise your faith must be protected, not cast aside.”

Religious students have increasingly faced hostility and threats to their religious liberty on campus. For example, since Hamas’ October 7^th attack on Israel, we have seen universities fail to uphold the rights of Jewish students to gather, speak, and advocate for their beliefs in the face of intimidation and harassment. It is important that we allow all religious students and student groups equal free speech protections on campus.

This bill follows the lead of efforts in the states to protect freedom of speech and association in higher education. ALEC model policy, the Forming Open and Robust University Minds (FORUM) Act, also protects students and student groups at public colleges and universities from disciplinary action because of their lawful expression, including belief-based organizations.

The FORUM Act also prohibits so-called “free speech zones” that limit student speech to designated areas, requires universities to educate students on their First Amendment rights, and mandates training for faculty, administrators, and campus security on their duty to protect speech. It also calls for universities to report campus speech issues to their state legislature and allows students to bring a cause of action if their rights are violated. Provisions of the FORUM Act have already been enacted in 25 states.

When some students would rather resort to censorship or, even worse, violence when faced with differing ideas, it is important we protect all students’ First Amendment rights. After all, universities are supposed to be the “marketplace of ideas,” not echo chambers.

States looking to protect free speech on their campuses should look to ALEC’s FORUM Act, as well as the Free Speech in Higher Education Act.