Freedom of Association in Higher Education Act of 2026

Protection for Student Association: Students will be able to form, join, or lead single-sex social organizations, even if the institution does not officially recognize them (Section 3(a)(1)).

Prevention of Discrimination and Retaliation: Institutions that receive federal funds are prohibited from taking adverse actions against students or organizations based on their membership practices of limiting membership to one sex (Section 3(b)(2)).

Protection Against Coercion: Schools cannot require or coerce a student to waive their freedom of association as a condition of enrolling in the institution (Section 3(b)(1)).

Equal Treatment of Organizations: The bill seeks to ensure that single-sex social organizations are treated by institutions without bias compared to other social organizations (Section 2(a)(2)(B)).

Protection of Student Opportunities: By prohibiting "adverse actions," the bill prevents institutions from withholding financial assistance, scholarships, on-campus employment, or access to housing based on a student's membership in a single-sex organization (Section 3(d)(1)(C-D)).

No Obligation for Recognition: The bill does not require an institution of higher education to officially recognize a single-sex social organization (Section 3(c)(1)).

Continued Disciplinary Authority: Institutions still maintain the right to take adverse action against a student for academic or nonacademic misconduct, regardless of their organization membership (Section 3(c)(2)(A)).

Religious Mission Exceptions: Private institutions may still take adverse action against a student if the institution determines the organization's purpose is incompatible with its religious mission (Section 3(c)(2)(C)).

Limits on Lawful Organization Protection: The protections do not apply if the stated purpose of the organization is to incite or produce imminent lawless action (Section 3(c)(2)(B)).