Since 1985, Minnesota students have enjoyed the benefit of Post Secondary Enrollment Options (PSEO), a state-funded dual enrollment program where students can earn college credits while in high school. Since its inception, the program has been open to public and private religious colleges. Under a new state law signed by Gov. Tim Walz, students seeking dual enrollment at religious colleges are now barred from the benefit. 

Now families are taking legal action against the state for its new exclusionary law, claiming discrimination against people of faith. 

The state of Minnesota argues that removing religious schools is neutral and follows the idea of separation of church and state. The Becket Fund legal counsel, which is representing one of the families in the lawsuit, disagrees. 

“It’s not neutral to exclude students because of their religion,” said Diana Thomson, an attorney for the Becket Fund. “The law is invidious discrimination,” she added. “You want the government to not treat religion like it’s something to be avoided.” 

Regarding scholarships for religious schools, the U.S. Supreme Court has ruled that “a State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.” 

The Supreme Court ruled in favor of religious schools in 2021 regarding a high school scholarship program in Maine, leaving Minnesota little wiggle room on the constitutionality of this new law. 

The new law impacts two schools in particular: Crown College and University of Northwestern-St. Paul. Northwestern has the highest number of PSEO students in the state, according to Thomson. 

Stripping this benefit from students could harm their future success and well-being, due to the well-documented benefits of religious learning for students. 

For example, as Generation Z endures an epidemic of loneliness, Sutherland’s Bill Duncan noted in a recent piece that 

religious schools may actually have an advantage in creating a feeling of belonging, because shared religious commitment – even when personal religious affiliation varies – provides an initial unifying factor for a student body and even extends to faculty and staff. 

Additionally, one benefit for students who attend religious universities is that they are more likely to find a spouse in that time than students who attend a non-religious university. 

Outside of the benefits of community, students who attend religious universities tend to have higher GPAs and test scores. 

“A respect for diversity among schools can enhance … the goal of ensuring high quality … education for more students,” Duncan wrote. 

Unlike Minnesota in this instance, Utah has taken steps to support all students’ and parents’ educational needs, regardless of religious affiliation and learning preferences. This past legislative session, the Utah Legislature passed – and Gov. Spencer Cox signed – HB 215, creating the Utah Fits All Scholarship Program. Other states should look to this program as a model to support diverse educational needs of families, without discriminating against schools or learning styles solely on the basis of religious belief.  

For a more in-depth perspective on this article, read our Insights piece here.