Equality Caucus Condemns GOP Bill to Force On-Campus Discrimination

WASHINGTON, DC — Today, Rep. Mark Pocan (WI-02), Chair of the Congressional Equality Caucus released the following statement after House Republicans passed H.R. 3724, the “End Woke Higher Education Act,” which, among other provisions, would force universities to recognize & fund religious student organizations that discriminate against minority students:

“To no one’s surprise, Republicans are again using their majority to attack the rights of minority communities, including the LGBTQI+ community,” said Rep. Mark Pocan, Chair of the Congressional Equality Caucus. “Every student should be free to fully participate at school—including in extracurriculars—without fear of discrimination. By forcing universities to recognize and fund on-campus organizations that discriminate against minority students, including LGBTQI+ students, students of color, and students with disabilities, Republicans effectively want to force minority students to subsidize their own discrimination.”


BACKGROUND ON H.R. 3724
H.R 3724, the “End Woke Higher Education Act” is part of House Republicans’ larger efforts to undermine both diversity, equity, and inclusion programs and nondiscrimination protections. Among other provisions, H.R. 3724 includes the “Equal Campus Access Act,” which would create loopholes in schools’ all-comers policies in order to force schools and their students to fund certain student groups that discriminate against minority students, including LGBTQI+ students, students of color, and students with disabilities.

Specifically, the Equal Campus Access provision would require public colleges and universities to provide all rights, benefits, and privileges afforded to other student organizations—including funding, access to facilities, and official recognition—to student religious groups regardless of the group’s practices, leadership standards, or standards of conduct. This means that even if the group’s practices, leadership standards, or standards of conduct discriminate against minority students—including by prohibiting membership by LGBTQI+ students, students of color, or students with disabilities—the school must recognize and provide benefits to the group. This provision would therefore exempt all student religious groups from complying with schools’ all-comers policies.

BACKGROUND ON “ALL-COMERS” POLICIES
Many universities have nondiscrimination policies, known as “all-comers” policies, that require student groups recognized by the school to allow any student to join and seek a leadership position in the group. All-comers policies prevent student groups—most of which are funded by student activity fees—from discriminating against students, including on the basis of sexual orientation and gender identity.

Many opponents of all-comers policies oppose these policies because they want to allow student groups that discriminate against LGBTQI+ students to still be eligible to receive official recognition and funding. In Christian Legal Society v. Martinez (2010), the Supreme Court held that public universities could require student groups, including religious groups, seeking official recognition by the university to follow an all-comers nondiscrimination policy.