New DOE rule levels playing field for religious students seeking federal aid

The following quote may be attributed to Alliance Defending Freedom Senior Counsel Gregory S. Baylor, director of the ADF Center for Religious Schools, regarding the comment ADF submitted Friday in support of the U.S Department of Education’s notice that it intends to revise existing federal student aid program regulations that unnecessarily discriminate against religious students and faith-based organizations:

“Every religious student deserves the opportunity to participate in a neutral student aid program on the same, level playing field as his or her peers. For too long, federal student aid regulations have needlessly discriminated against some religious students and schools simply because of their religious identity. We commend the Department of Education for working to end these unfair and unconstitutional rules, and to thereby ensure that all students can live out their faith freely. We also encourage the Department to make a small number of additional revisions that would better reflect the demands of the First Amendment, federal statutes protection religious freedom, and genuine neutrality towards religion.”

The Department’s proposed rule changes are, in part, a response to the U.S. Supreme Court’s ruling in Trinity Lutheran Church of Columbia v. Comer. ADF represented Trinity Lutheran Church, operating a preschool in Missouri, denied participation in a secular government program simply because of its religious identity. In 2017, the Supreme Court ruled that the government cannot deny churches and other faith-based organizations from a public benefit for which they are otherwise qualified, solely because of their religious identity.