Education Department Defeats Challenge to ‘Free Inquiry’ Rule

The Department of Education survived a challenge to a rule that requires colleges that receive federal grant funding to exempt religious student groups from certain nondiscrimination requirements.

The department had the “broad statutory authority” to promulgate the “Free Inquiry” Rule, said Judge Amy Berman Jackson of the US District Court for the District of Columbia, granting partial summary judgment to the agency while rejecting plaintiff Secular Student Alliance’s request for partial summary judgment.

In March 2019, then-President Donald Trump issued an executive order to “encourage” higher education institutions to foster environments that promote open debate through First Amendment “compliance.” The ...