What changed between these versions
Substantive changes were made to the bill, primarily narrowing its scope to focus exclusively on single-sex social organizations and their members, removing broader protections for all social organizations. Key modifications include removing the 'solely' qualifier for adverse actions, expanding protected student activities, and adding a detailed biological definition of 'sex' to clarify the bill's intent regarding single-sex membership.
Overview
Extensive changes are present throughout the bill, affecting its short title, purpose statement, core operative provisions, rules of construction, and definitions. · The overall direction of v2 is a significant narrowing of the bill's scope to exclusively single-sex social organizations, coupled with a more explicit and detailed framework for their protection and the introduction of a biological definition of 'sex'.
The most significant change is the consistent narrowing of the bill's protections to apply exclusively to single-sex social organizations and their members, rather than generally to all social organizations. This is reinforced by the addition of a specific biological definition for 'sex' and explicit criteria for 'male' and 'female'. Furthermore, the bill removes the 'solely' qualifier from prohibitions against adverse actions, potentially broadening the circumstances under which an institution's action could be deemed prohibited. New explicit exceptions for adverse actions, such as for religious institutions, and an expanded definition of 'adverse action' were also introduced, while the short title was updated to reflect the year 2026.
Major additions
This new subparagraph adds to the definition of 'adverse action' any institutional action to impose additional requirements on or with respect to advisors serving a single-sex social organization that are not imposed on social organizations that are not single-sex social organizations.
This addition expands the types of institutional actions considered retaliatory or discriminatory against single-sex social organizations, providing an additional layer of protection for these groups and their support structures by preventing differential treatment of their advisors.
This new subsection introduces a comprehensive definition for the term 'sex,' specifying it as the biological sex of an individual, either male or female. It further defines 'female' as an individual with the reproductive system that at some point produces, transports, and utilizes eggs for fertilization, and 'male' as an individual with the reproductive system that at some point produces, transports, and utilizes sperm for fertilization, including considerations for congenital anomalies or disruptions.
This addition provides a specific, biological interpretation of 'sex' within the context of the bill, which directly impacts the understanding and application of 'single-sex social organizations' and their membership practices. This clarifies the intended scope of the protections, particularly in relation to gender identity.
Modifications
This change has no operative policy impact; it merely reflects the updated legislative session for the bill.
Before
The Act was cited as the 'Freedom of Association in Higher Education Act of 2025'.
After
The Act is now cited as the 'Freedom of Association in Higher Education Act of 2026'.
This broadens the protection. An adverse action is now prohibited if it is *based on* the single-sex nature, even if other factors also contributed, whereas v1 required the single-sex nature to be the *only* basis for the adverse action.
Before
The purpose was to protect single-sex social organizations from adverse action based *solely* on their single-sex membership practice.
After
The purpose is now to protect single-sex social organizations from adverse action based on their single-sex membership practice.
This modification clarifies the two distinct aspects of non-bias treatment, separating the treatment of students from the treatment of organizations, but maintains the same core purpose of ensuring equitable treatment.
Before
Ensured any student in a single-sex social organization or any single-sex social organization is treated without bias in comparison to students not participating in single-sex social organizations, or other social organizations that are not single-sex.
After
Ensured (A) any student in a single-sex social organization is treated without bias in comparison to students who do not participate in single-sex social organizations; and (B) any single-sex social organization is treated by an institution of higher education without bias in comparison to other social organizations that are not single-sex.
The stated purpose is now exclusively focused on single-sex social organizations, removing the broader protection for all social organizations, thereby narrowing the bill's overall intent.
Before
Protected the rights of students to freely associate with and participate in social organizations, including single-sex social organizations.
After
Protected the rights of students to freely associate with and participate in single-sex social organizations.
This modification reflects the consistent narrowing of the bill's focus to exclusively address single-sex social organizations throughout its provisions.
Before
The headings referred to 'Freedom of Association Protections for Students in Social Organizations'.
After
The headings now refer to 'Freedom of Association Protections for Students in Single-Sex Social Organizations'.
This clarifies the jurisdictional scope of the bill, limiting its applicability to federally funded institutions, which is a common practice for federal legislation impacting educational institutions.
Before
Stated that any student (or group of students) enrolled in an institution of higher education shall have certain protections.
After
Stated that any student (or group of students) enrolled in an institution of higher education *that receives funds under this Act, including through an institution's participation in any program under title IV,* shall have certain protections.
This significantly narrows the types of organizations whose formation or membership is protected to exclusively single-sex organizations matching the student's biological sex, while simultaneously broadening the range of protected activities (including leadership) within those specific, defined organizations.
Before
Students were able to form or apply to join any recognized or unrecognized social organization, including any single-sex social organization.
After
Students are now able to form, apply to join, join, participate in, or lead a single-sex social organization *of the student's sex*, whether or not such organization is officially recognized by the institution.
This modification reinforces the bill's focus on single-sex organizations and explicitly acknowledges their autonomy in regulating their own membership, while also expanding the protected activities to include leadership roles for students within these specific organizations.
Before
If selected for membership by any social organization, students were able to join and participate in such social organization.
After
If selected for membership by any *single-sex* social organization, students are now able to join, participate in, or *lead* such single-sex social organization, *subject to the standards of such organization for regulating its own membership*.
Similar to Section 2(a)(1), this broadens the protection. An adverse action is now prohibited if it is *based on* the single-sex nature, even if other factors also contributed, whereas v1 required the single-sex nature to be the *only* basis for the adverse action.
Before
Prohibited institutions from taking adverse action against a single-sex social organization or its members based *solely* on the organization's single-sex membership practice.
After
Prohibits institutions from taking adverse action against a single-sex social organization or its members based on the organization's single-sex membership practice.
This modification aligns the terminology with the bill's narrowed focus on social organizations and clarifies which specific organization must agree to recruitment restrictions, ensuring consistency throughout the text.
Before
Prohibited recruitment restrictions on single-sex social organizations not imposed upon 'other student organizations' unless mutually agreed upon.
After
Prohibits recruitment restrictions on single-sex social organizations not imposed upon 'other social organizations' unless mutually agreed upon, and specified 'the single-sex social organization' in the agreement clause.
This is a minor clarification of legal interpretation, emphasizing that the subsequent clauses are interpretive guidelines rather than absolute prohibitions.
Before
Stated 'Nothing in this section shall--'.
After
Stated 'Nothing in this section shall *be construed to*--'.
This modification reinforces that the bill's non-recognition clause applies specifically to single-sex organizations, consistent with the overall narrowed focus of the legislation.
Before
Did not require an institution to officially recognize 'a social organization, including a single-sex social organization'.
After
Does not require an institution to officially recognize 'a single-sex social organization'.
This is a significant modification, providing more specific and potentially broader grounds for institutions to take adverse actions against students in single-sex social organizations. Crucially, it introduces an explicit religious exemption for private institutions, while still prohibiting actions based on the single-sex nature itself, and broadens the scope of protected activities for which adverse action can be taken.
Before
Allowed institutions to take adverse action against a student who joins a social organization (including single-sex) for academic/nonacademic misconduct or if the organization's purpose posed a 'clear harm to students or employees', provided the action was not *solely* based on single-sex membership.
After
Allows institutions to take adverse action against a student who forms, applies to join, joins, participates in, or leads a *single-sex* social organization due to academic or nonacademic misconduct; because its purpose is directed to inciting or producing imminent lawless action; or, for private institutions, because its purpose is incompatible with the religious mission of the institution, provided the adverse action is not based on the membership practice of limiting membership to one sex.
This modification clarifies that this rule of construction, affirming an organization's right to regulate its membership, applies specifically to single-sex organizations, consistent with the bill's overall narrowed focus.
Before
Did not prevent 'a social organization' from regulating its own membership.
After
Does not prevent 'a single-sex social organization' from regulating its own membership.
This modification clarifies that this rule of construction, limiting enforceable rights for membership denial, applies specifically to single-sex organizations, consistent with the bill's overall narrowed focus.
Before
Did not create enforceable rights against 'a social organization' or an institution due to the organization's decision to deny membership.
After
Does not create enforceable rights against 'a single-sex social organization' or an institution due to the organization's decision to deny membership.
This narrows the definition of adverse action, meaning institutions can require disclosure of single-sex organization membership as long as such requirements are consistent with those for other social organizations, rather than any disclosure requirement being an adverse action.
Before
Included as an adverse action any institutional requirement for a student to certify non-membership or disclose membership in a single-sex social organization.
After
Included as an adverse action any institutional requirement for a student to certify non-membership or disclose membership in a single-sex social organization *in a manner that is different from disclosure of a student's membership in a social organization that is not a single-sex social organization*.
This is a minor clarification, aligning the terminology within the definition to consistently refer to 'social organizations' as the broader category, reinforcing the bill's specific focus.
Before
Referred to 'an organization that has been historically single-sex'.
After
Referred to 'a *social* organization that has been historically single-sex'.
Scope
Meaningful expansion or narrowing — Changes are scattered throughout the bill, affecting the short title, purpose statement, core operative provisions, rules of construction, and definitions. — Yes, v2 represents a meaningful change in policy direction by consistently narrowing the bill's focus from general 'social organizations' (which included single-sex ones) to exclusively 'single-sex social organizations'. It also introduces a specific biological definition of 'sex' and new explicit exceptions for adverse actions, including for religious institutions. — The new definition of 'sex' in Section 124(d)(3) fundamentally informs the interpretation of 'single-sex social organization' and 'student's sex' throughout the entire bill. The removal of 'solely' from adverse action prohibitions also interacts with all instances where such actions are discussed. The consistent narrowing of scope from 'social organizations' to 'single-sex social organizations' impacts nearly every provision, redefining the beneficiaries of the protections.
Impact analysis
Students seeking to form, join, or participate in social organizations that are not single-sex, or single-sex organizations that do not align with their biological sex.
Loss of protection.
v1 offered protections for students in 'any recognized or unrecognized social organization, including any single-sex social organization'. v2 explicitly limits these protections to 'single-sex social organizations of the student's sex', as defined biologically.
Single-sex social organizations.
Gain of protection.
v1 protected them from adverse actions based *solely* on their single-sex nature. v2 removes 'solely,' meaning adverse actions are prohibited if they are *based on* the single-sex nature, even if other factors are present. Additionally, the definition of 'adverse action' is expanded to include imposing additional requirements on advisors of single-sex organizations.
Private institutions of higher education with religious missions.
Gain of flexibility/authority.
v1 did not explicitly provide an exception for adverse actions based on an organization's incompatibility with a religious mission. v2 adds a specific rule of construction allowing private institutions to take adverse action against a student if the organization's purpose is 'incompatible with the religious mission of the institution'.
Students whose gender identity may differ from their biological sex at birth.
Loss of potential protection/inclusion.
v1 did not define 'sex'. v2 introduces a specific biological definition of 'sex' (male/female based on reproductive systems). This clarifies that 'single-sex social organization of the student's sex' refers to biological sex, potentially excluding students whose gender identity does not align with this definition from the bill's protections when seeking to join a single-sex organization.
Institutions of higher education.
Procedural clarification.
v1's protections applied to 'any student enrolled in an institution of higher education'. v2 clarifies that these protections apply to institutions 'that receives funds under this Act, including through an institution's participation in any program under title IV'.