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