Judge strikes down Minnesota law banning religious schools from college credit program

The campus of Crown College in Minnesota. / Credit: Clappert, CC BY-SA 4.0, via Wikimedia Commons

Washington, D.C. Newsroom, Aug 25, 2025 / 14:06 pm (CNA).

A federal judge has ruled that Christian colleges that require students to sign a statement of faith cannot be excluded from a Minnesota program that lets high school students take college courses for credit.

On Friday, Aug. 22, United States District Judge Nancy Brasel ruled that the law banning religious institutions from the Minnesota Postsecondary Enrollment Options (PSEO) program is an unconstitutional violation of religious freedom. 

The 40-year-old PSEO program has long served high schoolers in the state by promoting academic pursuits at both secular and religious colleges. It allows sophomore, junior, and senior high school students to take college courses at the school of their choosing and covers the cost of tuition and required classroom materials.

Religious colleges, including Crown College in St. Bonifacius and the University of Northwestern in Roseville, were banned because they require their students to pledge to follow school religious values and rules. They also do not allow students who are not Christian or who identify as LGBT.

Since 2019, the state’s Department of Education had sought to apply such a ban and eventually succeeded in 2023, when Democrats gained control of both houses of the Legislature. The ban on participation in the program by religious schools with faith statement requirements was enacted through a broader education funding bill signed by Minnesota Gov. Tim Walz.

Subsequently, the two colleges and parents of high school students who wished to partake in the program at the Christian schools sued to overturn the law. The group was represented by the Becket Fund for Religious Liberty, which argued the law violated religious freedom under the First Amendment.

After Becket filed the lawsuit, Minnesota promised not to enforce the law while the case was ongoing. More than two years after filing the suit, Brasel ruled in favor of the colleges and parents. 

Brasel said the court had to “venture into the delicate constitutional interplay of religion and publicly‐funded education.” She said the First Amendment “gives special solicitude to the rights of religious organizations,” and states can’t disqualify private schools “solely because they’re religious.”

Brasel also threw out a related nondiscrimination requirement that prohibited participating schools from basing admission to the program on gender, sexual orientation, or religious beliefs.