2 versions

CosmeticWhat changed in REPORTED IN HOUSEcompared with INTRODUCED IN HOUSE (Sep 18, 2025)

Technical corrections only. The short title of the Act was updated from "Equal Campus Access Act of 2025" to "Equal Campus Access Act of 2026", and the title of the new section added to the Higher Education Act of 1965 was clarified to include "STUDENT". No substantive policy changes were made.

H.R. 5505119th CongressIntroduced Sep 18, 2025

Equal Campus Access Act of 2026

Reported To HouseEducationMajor

View bill text

Sponsor: Rep. Walberg, Tim [R-MI-5]
Committees: Education and Workforce Committee (primary)
Last action: Sep 16, 2026

This analysis was written for v1 (INTRODUCED IN HOUSE, Sep 18, 2025). REPORTED IN HOUSE changed too little to need its own, so it reuses that one rather than a rewrite. The differences between the two are summarized above. View v1

Bottom line

The bill conditions federal funding for public colleges and universities on their granting equal access and recognition to religious student groups, even if those groups' religious standards conflict with institutional non-discrimination policies.

What it actually does

This bill amends the Higher Education Act of 1965 to prohibit federal funds from being provided to any public institution of higher education that denies religious student organizations any rights, benefits, or privileges afforded to other student organizations. This includes full access to facilities and official recognition, specifically if the denial is based on the religious beliefs, practices, speech, leadership standards, or standards of conduct of the religious student organization.

Proponents argue

Proponents argue that this bill is essential to protect religious freedom on college campuses, ensuring that religious student organizations are not discriminated against or marginalized due to their sincerely held beliefs. They contend it guarantees equal treatment and prevents public institutions from imposing secular standards that undermine the religious identity and mission of these groups, thereby upholding First Amendment rights.

Opponents contend

Opponents contend that this bill could force public institutions to recognize and fund religious student organizations that discriminate against certain students, particularly LGBTQ+ individuals, based on their religious conduct standards. They argue it could undermine institutional non-discrimination policies, create a less inclusive campus environment, and potentially lead to legal challenges regarding the balance between religious freedom and other civil rights.

The bill is exceptionally short and clear, making it very accessible for immediate understanding.

Section 2, amending Part B of title I of the Higher Education Act of 1965 by adding Section 124

Condition on Federal Funds for Public Institutions Regarding Religious Student Organizations

prominently featuredstraightforward

This provision establishes that public institutions of higher education will lose federal funding under the Higher Education Act if they deny religious student organizations any right, benefit, or privilege (such as facility access or official recognition) that is otherwise available to other student organizations. This denial is specifically prohibited if it is based on the religious beliefs, practices, speech, leadership standards, or standards of conduct of the religious student organization.

GroupImpactMechanismScale

GroupPublic Institutions of Higher EducationImpactRequires compliance with the new condition to retain federal funding, potentially necessitating changes to existing non-discrimination or student organization policies.MechanismLoss of federal funds under the HEA for non-compliance.ScalePotentially significant, impacting operational budgets and student financial aid if an institution loses funding.

GroupReligious Student OrganizationsImpactGuarantees equal access to campus facilities, resources, and official recognition, protecting their ability to operate according to their religious tenets.MechanismFederal mandate for equal treatment.ScaleBroadly positive for these organizations, enhancing their presence and activities on campus.

GroupStudents seeking to join religious organizationsImpactEnsures greater opportunities for participation in religious student groups that can maintain their faith-based membership standards.MechanismIncreased access and protected status for religious groups.ScalePositive for students aligned with these groups' missions.

GroupOther student organizationsImpactNo direct impact, but the bill reinforces the principle of equal treatment among student groups, potentially setting a precedent for how all organizations are treated.MechanismIndirect effect through policy precedent.ScaleMinimal direct impact.

Supporters argue

Supporters argue this provision is a vital protection for religious freedom, ensuring that public universities cannot discriminate against religious groups for upholding their faith-based principles. They contend it prevents viewpoint discrimination and ensures a diverse marketplace of ideas on campus, consistent with First Amendment rights.

Critics contend

Critics argue that this provision could compel public universities to endorse or provide resources to religious student organizations that discriminate against students based on protected characteristics, such as sexual orientation or gender identity, in their leadership or membership. They contend it could undermine institutional commitments to inclusivity and non-discrimination, creating a hostile environment for some students.

Tradeoffs

The provision navigates the tension between protecting the religious freedom of student organizations to define their membership and leadership based on faith, and the desire of public institutions to enforce comprehensive non-discrimination policies that protect all students, including those who may be excluded by a religious group's standards.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.