On March 24, 2023, the National Women’s Law Center submitted a comment to the U.S. Department of Education supporting its proposal to rescind parts of a 2020 regulation promulgated by the Trump administration (“the 2020 Rule”), which currently forces colleges and universities to officially recognize religious student groups that discriminate against students.

The 2020 Rule made it easier for religious student groups to discriminate by creating an exemption for religious groups alone, which prevent schools from declining to recognize a religious student group—even if it refuses to include women, pregnant people, people of color, LGBTQI+ people, immigrants, or disabled people. This not only prevents schools from protecting their students against discrimination by applying nondiscrimination policies equally to all student groups, but gives religious student groups special rights over other student groups, which violates applicable law.

Our comment supports rescission of the 2020 Rule, as rescinding the 2020 Rule is an essential step towards signaling to students and schools alike that discrimination has no place in our colleges and universities.