Tag: freely

  • Missouri governor signs legislation securing students’ rights to freely associate on campus

    Missouri governor signs legislation securing students’ rights to freely associate on campus

    Missouri has passed a law protecting the right of students to gather and speak on campuses across the state. On Wednesday, Missouri Gov. Mike Kehoe signed into law SB 160, which defends the freedom of student organizations to set leadership and membership requirements that are consistent with their beliefs. 

    Although the bill was later amended to include provisions unrelated to the student organization protections for which we advocated, the final law still marks a meaningful victory for students at Missouri’s public colleges and universities.

    The First Amendment guarantees the right to freely associate with others who share their beliefs — or not associate with those who don’t. FIRE has consistently opposed policies that force student groups to eliminate belief-based membership rules to gain official college recognition. As we said in March when Utah signed similar protections into law, it makes little sense, for example, “to force a Muslim student group to let atheists become voting members or for an environmentalist student group that raises awareness about the threats of climate change to allow climate change skeptics to hold office.”

    In a letter to Missouri’s legislature supporting SB 160, we explained that the right to associate freely extends to students at public universities and to the student organizations they form. The Supreme Court agrees, and has repeatedly upheld this principle, affirming in Healy v. James that public colleges cannot deny official recognition to student organizations solely based on their beliefs or associations. Similarly, in Widmar v. Vincent, the Court ruled that a public university violated the First Amendment by denying a religious student group access to campus facilities because of its religious beliefs.

    However, the Court’s decision in Christian Legal Society v. Martinez upheld the constitutionality of “all-comers” policies — requiring student organizations to accept any student as a member or leader, even those who oppose the group’s core beliefs. But the ruling applies only when such policies are enforced uniformly. In practice, universities often apply these policies selectively. For example, some religious organizations have been forced to accept members and leaders who do not share their faith, while secular groups have been allowed to set their own membership and leadership requirements without administrative intervention. 

    This selective enforcement results in viewpoint discrimination. SB 160 is meant to correct that imbalance. It states that schools cannot take any action against a student association or potential student association:

    (a) Because such association is political, ideological, or religious; 

    (b) On the basis of such association’s viewpoint or expression of the viewpoint by the association or the association’s members; or

    (c) Based on such association’s requirement that the association’s leaders be committed to furthering the association’s mission or that the association’s leaders adhere to the association’s sincerely held beliefs, practice requirements, or standards of conduct.

    With the enactment of this bill, Missouri joins a growing number of states strengthening protections for the First Amendment rights of student organizations on campus. 

    FIRE thanks Missouri lawmakers and Gov. Kehoe for affirming that students don’t shed their constitutional rights at the campus gates.

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  • FIRE-supported Utah legislation secures students’ rights to freely associate on campus

    FIRE-supported Utah legislation secures students’ rights to freely associate on campus

    Yesterday, Utah Gov. Spencer Cox signed into law HB 390, a bill that will strengthen students’ freedom of association at the state’s public colleges and universities. Sponsored by Rep. Karianne Lisonbee and Sen. Keven Stratton, the bill ensures that religious, political, and ideological student organizations can set their own membership and leadership requirements without interference from campus administrators.

    The First Amendment guarantees citizens the right to freely associate with others who share their beliefs — and to not associate with those who don’t. FIRE has consistently opposed policies that force student groups to eliminate belief-based membership criteria to gain official recognition by their college. 

    After all, the members of a group naturally shape its direction, and allowing individuals who fundamentally oppose its mission to vote or hold leadership positions can undermine the group’s very purpose. It makes little sense, for example, to force a Muslim student group to let atheists become voting members or for an environmentalist student group that raises awareness about the threats of climate change to allow climate change skeptics to hold office.

    As we noted in our letter to Utah’s Senate Education Committee, the right to associate freely extends to students at public universities and to the student organizations they form. The Supreme Court has repeatedly upheld this principle, affirming in Healy v. James that public colleges cannot deny official recognition to student organizations solely based on their beliefs or associations. Similarly, in Widmar v. Vincent, the Court ruled that a public university violated the First Amendment by denying a religious student group access to campus facilities because of its religious beliefs.

    Despite these clear precedents, the Supreme Court ruled in Christian Legal Society v. Martinez that universities can implement “all-comers” policies, meaning student organizations must accept any student who wants to join as a member or leader, even if that student openly opposes the group’s core principles. Following the ruling, FIRE President and CEO Greg Lukianoff reaffirmed our commitment to freedom of association, saying, “FIRE will continue to defend the rights of expressive campus organizations to unite around shared beliefs and uphold the principle that College Democrats can be Democrats, College Atheists can be atheists, and College Christians can be Christians.”

    Although Martinez found that all-comers policies are constitutionally permissible when applied uniformly, institutions with such policies have frequently enforced them selectively. For example, some religious organizations have been forced to accept members and leaders who do not share their faith, while secular groups have been allowed to set their own membership and leadership requirements without administrative intervention. This selective enforcement constitutes viewpoint discrimination, undermining the very protections that the First Amendment guarantees.

    HB 390 ensures that Utah’s public universities cannot single out student groups for holding firm to their beliefs. The bill states: 

    An institution may not deny any benefit or privilege that is available to any student organization, or discriminate against, a religious, political, or ideological student organization:

    1. because such student organization is religious, political, or ideological;

    2. on the basis of protected expressive activity engaged in by the student organization or the student organization’s members; or

    3. based on a requirement that a leader of the student organization:

      1. affirm or adhere to the sincerely held beliefs of the student organization;

      2. comply with a standard of conduct the student organization establishes; or

      3. further the mission, purpose, or standards of conduct of the student organization, as these are defined by the student organization.

    With the enactment of this bill into law, Utah joins a growing number of states strengthening First Amendment protections for belief-based organizations on campus. 

    FIRE applauds Rep. Lisonbee and Sen. Stratton, the Utah Legislature, and Gov. Cox for standing up for students’ rights and ensuring true freedom of association in higher education.

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