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Proposed Rule Focuses on Faith-based Colleges, Religious Liberty and Free Speech

The U.S. Department of Education has proposed a new rule clarifying that faith-based colleges are eligible for department grants on the same terms as other private organizations and prohibiting colleges from denying faith-based student groups “any of the rights, benefits, or privileges” allowed for non-faith-based student organizations as a condition of receiving grant funding.

The proposed rule, which was published Thursday in the Federal Register, would also amend regulations to add a “non-exhaustive list of criteria” that would offer colleges “different methods” to demonstrate their eligibility for a religious exemption to Title IX, the federal law that prohibits discrimination based on sex. Currently, institutions “controlled by” religious organizations are eligible for exemptions from Title IX, but the department said in a press release that neither Title IX nor the regulations implementing it define what it means for a college to be controlled by a religious group.

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