Freedom of Association in Higher Education Act of 2025
Sponsored By: Senator Banks, Jim [R-IN]
Introduced
Summary
Protects student freedom of association for social organizations, including single-sex groups. It would add a new section to the Higher Education Act that limits college actions against students and organizations based solely on membership practices.
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- Students could form or apply to join any recognized or unrecognized social organization and, if selected, would have the right to join and participate in that group.
- Colleges and universities that receive federal funds would be barred from coercing waivers of these protections, taking adverse actions solely because of single-sex membership, or imposing recruitment limits unless there is a written, mutual agreement.
- Single-sex social organizations are defined to include tax-exempt fraternities and sororities and private single-sex clubs made up mainly of students or alumni, and organizations may set their own membership rules.
- The bill specifies examples of prohibited adverse actions when they are based only on membership. Those include expulsion or disciplinary penalties, denial of campus housing, withholding financial assistance or campus employment, withdrawal of official recognition, requiring students to disclose membership, and denial of recommendations or leadership opportunities.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Protecting students in single-sex groups
If enacted, the bill would let any enrolled student form or apply to join recognized or unrecognized social groups, including single-sex groups. If selected, a student could join and take part. Schools that get federal money under this Act or Title IV generally could not force students to waive these protections. Schools could not take adverse actions only because a group limits membership by sex. Recruitment limits must match other groups unless a written, mutual agreement allows a difference. The bill would list many examples of "adverse action," like expulsion, suspension, loss of scholarships or campus jobs, denial of housing, forced disclosure of membership, or withdrawal of recognition. It would define covered single-sex groups to include tax-exempt fraternities and sororities and private single-sex clubs made mainly of students or alumni. The bill would also say schools do not have to officially recognize a group, may discipline students for misconduct or clear harm, and would not create enforceable rights against a group that denies membership. These rules would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Banks, Jim [R-IN]
IN • R
Cosponsors
Sen. Gallego, Ruben [D-AZ]
AZ • D
Sponsored 4/1/2025
Sen. Scott, Rick [R-FL]
FL • R
Sponsored 6/26/2025
Sen. Moody, Ashley [R-FL]
FL • R
Sponsored 5/11/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov