US District Judge Nancy E. Brasel said the law, signed by Gov. Tim Walz in 2023, violated both the First Amendment and the Minnesota Constitution by disqualifying "'some private schools' from funding 'solely because they are religious.'"

The case concerned a state program that allows high schoolers to earn college credits at state expense. The program funds courses at both public and private universities, only requiring that credits be limited to "nonsectarian courses." 

For years, this meant that high schoolers could receive credit for classes taken at the college of their choice, religious or not. But in 2023, the state Legislature passed a bill amending the list of eligible institutions to exclude colleges that require faith statements for admission. 

In May 2023, Walz signed the bill into law.

That same day, the University of Northwestern and Crown College—two Christian schools—sued, claiming the law violated both the US and Minnesota constitutions by discriminating against them for their religious beliefs. They were joined by Melinda and Mark Loe, as well as Dawn Erickson, all Christian parents wanting their children to participate in the program at schools sharing their religious values.

Two months later, Walz's Department of Education filed a countersuit against the schools. The department argued that the schools' religion-based policies discriminated in admissions—meaning that they, not the Minnesota law, violated both federal and state constitutions and the Minnesota Human Rights Act.

But last Friday, Brasel, a 2018 Trump appointee, sided with the schools, ruling the Minnesota law unconstitutionally infringed on the parents' and schools' religious liberty.

While Brasel agreed that the Department of Education was right in wanting to prevent discrimination in admissions, she said the faith statement ban was "not narrowly tailored to achieve that interest."

If the state seriously seeks to eliminate discrimination in admissions, she wrote, it can do so by limiting the program to only public institutions—but it can't do so by simply excluding religious institutions for their faith.

The Becket Fund for Religious Liberty, one of the groups representing the schools and parents, said Monday the ruling "ensures that students can pursue an education that aligns with their beliefs."

"Minnesota tried to cut off educational opportunities to thousands of high schoolers simply for their faith," said Diana Thomson, senior counsel at Becket. "That's not just unlawful—it's shameful. This ruling is a win for families who won't be strong-armed into abandoning their beliefs, and a sharp warning to politicians who target them." Subscribe for free to Breaking Christian News here

Mary Mobley is an editorial fellow in media and public relations at The Heritage Foundation.

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