Christian colleges and parents sue over provision in education budget

Two Christian colleges filed a lawsuit Wednesday challenging a new state law they say takes away their ability to offer on-campus college credits to high school students for free.

It's the first lawsuit filed challenging a provision in the state's next $72 billion two-year budget, which Gov. Tim Walz ceremonially signed into law Wednesday on the Capitol steps.

The complaint, filed by a group of parents, Crown College in St. Bonifacius, Minn., and the University of Northwestern in St. Paul, lists Walz and Department of Education Commissioner Willie Jett as defendants.

DFL lawmakers included a provision in their education budget that prohibits a postsecondary institution participating in PSEO — or Postsecondary Enrollment Options — from requiring a faith statement during the application process. Both of those schools ask students to affirm the schools' religious beliefs.

The lawsuit argues the change in the new law is unconstitutional under the free exercise clause in the First Amendment, "which forbids excluding participants based on their religion or their religious use of the funds," read the complaint, which was filed in district court.

"States discriminating against religion have already struck out three times at the Supreme Court," it continues. "Minnesota should not get a fourth attempt."

Walz's office did not immediately respond to a request for comment on the lawsuit.

University of Northwestern President Corbin Hoornbeek said his school is the "largest PSEO provider in the state." "We're hopeful that the court will uphold our ability to do so, just like any other Minnesota school is permitted to do," he said in a statement.

Attorney and Rep. Harry Niska, R-Ramsey, said he expects more provisions in the new state budget to be challenged.

"During a House floor debate, Democrats admitted they were targeting certain colleges based on their religious beliefs," he said in a statement. "We explained why this law is clearly unconstitutional, based on recent Supreme Court cases, but Democrats disregarded the facts and proceeded to enact this legislation."