2 Christian families, colleges sue MN Gov. Walz for religious discrimination in state dual enrollment program

Minnesota’s dual enrollment program is under legal challenge as Christians allege it discriminates against faith-based individuals and institutions. 

The state’s Postsecondary Enrollment Options (PSEO) program offers reimbursement to institutions that provide dual enrollment opportunities for high school students. The popular programs in Minnesota and elsewhere allow students to earn college credit for certain high school courses. 

However, a law passed in 2023 deemed faith-based institutions in the “Land of 10,000 Lakes” ineligible. The updated requirements for PSEO providers say: 

An eligible institution must not require a faith statement from a secondary student seeking to enroll in a postsecondary course under this section during the application process or base any part of the admission decision on a student’s race, creed, ethnicity, disability, gender, or sexual orientation or religious beliefs or affiliations. 

The new requirements went into effect on July 1, 2023.  

However, Christian colleges are refusing to compromise their beliefs and say the state’s actions are unconstitutional. 

The plaintiffs in the lawsuit are two Christian families – the Loes and the Ericksons – as well as Crown College and University of Northwestern – St. Paul.

Both Crown and Northwestern have participated in the PSEO program for over two decades.

“For over a century, Northwestern has existed to offer students a Christ-centered education that prepares them to serve in the home, church, community, and the world,” said Corbin Hoornbeek, university president. “Minnesota wants to single out our university because of this unique campus culture which integrates faith and learning. We pray the court will recognize that and continue to allow us to help on-campus PSEO students flourish in their faith and education.” 

The defendants in the case are Gov. Tim Walz, a Democrat who ran unsuccessfully as Kamala Harris’ vice presidential pick in 2024, Education Commissioner Willie Jett and the Minnesota Department of Education.

The state agreed not to enforce the rule while the lawsuit is pending, but it still wants to exclude religious people and institutions from its educational program.

Of the 18 private schools currently eligible to participate in PSEO, 15 are religiously affiliated.  

“We raise our children to put their faith at the center of everything they do,” Mark and Melinda Loe explained in a press release. “Unfortunately, Minnesota is depriving kids like ours of the opportunity to get a head start on college at schools that embrace their faith. We hope the court will strike this law down and protect all religious students and the schools they want to attend.” 

A federal court heard the case on Monday, where the plaintiffs were represented by The Becket Fund for Religious Liberty. 

“Politicians in St. Paul are slamming the door on thousands of high schoolers who want to get a head start on college simply because they’re religious,” said Eric Baxter, vice president and senior counsel at Becket. “That’s disgraceful: the state should be helping educate its students, not cutting them off from opportunities that will allow them to grow. We’re confident the court will strike down Minnesota’s ban for good.” 

Becket argued the new standard violates both the First and the Fourteenth Amendments, as well as the Minnesota Constitution.  

It also cited three recent Supreme Court cases – Trinity v. Comer, Espinoza v. Montana, and Carson v. Makin – all of which upheld the right of religious institutions to access public education funds. 

A ruling is expected in 2025.