In a win for religious liberty advocates, a federal court is barring one of the nation’s most far-left governors from targeting Christian colleges and universities in his state. Judge Nancy Brasel of the U.S. District Court for the District of Minnesota ruled last week that a state law signed by Governor Tim Walz (D) is unconstitutional.
For the past 40 years, Minnesota’s Post Secondary Enrollment Options Act (PSEO) has allowed middle school and high school students to attend college and university courses for credit. In 2023, Walz signed into law a provision barring several Christian colleges and universities from participating in the program due to the fact that the schools request students to sign a statement of faith and consider potential students’ faith in the admissions process.
Several Christian parents (Melinda and Mark Loe and Dawn Erickson) who had benefitted from sending their children to affected schools like Crown College and the University of Northwestern promptly filed a lawsuit against Walz’s provision. “Minnesota has just imposed a new rule that bars religious students from using PSEO funds at schools that uphold their faith,” the 2023 complaint stated. It continued, “Schools can apply almost any admissions criteria and still accept PSEO students. But under the new law, if they have a ‘faith statement’ for students or select students based on ‘religion,’ they are barred from the PSEO program.” Citing the U.S. Supreme Court, the complaint warned, “Excluding religious communities from government programs because of their beliefs is ‘odious to our Constitution … and cannot stand.’”
Brasel agreed in her Friday ruling. “If the Schools’ eligibility to participate in PSEO is conditioned on not using faith statements as an admissions requirement, their free exercise in maintaining a campus community of like?minded believers is burdened,” she found. “Likewise, if the Families cannot obtain the public benefit of PSEO reimbursement for their children at a school of their choice of like?minded believers, their free exercise is also burdened.”
The judge also responded to several of the claims made by the Minnesota Department of Education, which argued that the faith statement ban does not “categorically [exclude] the Schools from participating in PSEO because they are religious,” but simply because they require students to sign a religious statement. Brasel shot back, “But the effect of the Faith Statement Ban is precisely that — it only excludes institutions from PSEO eligibility that require applicants to attest to their faith. It does not exclude institutions from PSEO eligibility that require applicants to make non?religious attestations, such as to an honor code.” She added, “In that sense, the Faith Statement Ban ‘restricts’ PSEO admissions practices only ‘because of their religious motivation.’”
“The Faith Statement Ban is unconstitutional under the Free Exercise Clause of the United States Constitution and the Freedom of Conscience Clause of the Minnesota Constitution,” Brasel ultimately concluded. She added, “The Faith Statement Ban is inseverable from the Nondiscrimination Requirement, and so the Amendment must be stricken in its entirety.”
In statements shared with The Washington Stand, the Loe family hailed the court’s decision as a sound victory. “We raise our children to put their faith at the center of their lives. Minnesota tried to take that right away from us by denying kids like ours the opportunity to attend schools that reflect their faith,” the parents said. They added, “We are grateful for this ruling, which protects students across the state and the schools they want to attend.”
Diana Thompason, senior legal counsel at the Becket Fund for Religious Liberty, which helped represent the plaintiffs, said, “Minnesota tried to cut off educational opportunities to thousands of high schoolers simply for their faith. 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.”
Corbin Hoornbeek, president at the University of Northwestern St. Paul, said, “Northwestern exists to provide Christ-centered higher education that equips students to grow intellectually and spiritually, and to serve effectively with God-honoring leadership in their home, church, community, and the world.” He observed, “In 2023, the state attempted to restrict students who desire to take their PSEO credits at Northwestern — an attempt that has been rebuffed.” Hoornbeek added, “We are grateful that UNW can continue to serve the Minnesota families who wish to get a head start in their college journey as members of our unwavering campus community.”
Likewise, Crown College President Andrew Denton said, “As a boldly Christian college, we are grateful for this significant ruling, which ensures we can continue to equip all students — including PSEO students — through a biblically-based, faith-integrated education to impact the world for Christ.” He continued, “The court made clear that Minnesota cannot single out high school students who want to attend a faith-centered institution.”
S.A. McCarthy serves as a news writer at The Washington Stand.


