The College Freedom of Association Act
Bits and Pieces 2019-06-17
Summary:
As reported in the Crimson last week, two Harvard alums, Ruben Gallego and Elise Stefanik, have been joined by 12 other members of congress in putting forward an amendment by that name to the Higher Education Act. The group includes seven Republicans and seven Democrats. The text is given below; a nicely formatted version is downloadable here or can be viewed on the web here along with other information about the bill. I will have more to say about this bill at some point, but it looks like the drafters have done a good job not only lining up broad support but anticipating (in the "Rules of Construction") needed carve-outs of importance to religious institutions, for example.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3128 Introduced in House (IH)]
116th CONGRESS
1st Session
H. R. 3128
To amend the Higher Education Act of 1965 to uphold freedom of
association protections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2019
Mr. Gallego (for himself, Ms. Stefanik, Mr. Stivers, Mrs. Murphy, Mrs.
Brooks of Indiana, Mr. Gottheimer, Mr. Shimkus, Mr. Cleaver, Mrs.
Kirkpatrick, Ms. Kendra S. Horn of Oklahoma, Mrs. Lawrence, Ms. Fudge,
Mr. Byrne, and Mr. Hudson) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to uphold freedom of
association protections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collegiate Freedom of Association
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Single-sex social organizations, including sororities,
fraternities, and private social clubs, have existed at
institutions of higher education for over 200 years, where they
have played, and should continue to play, unique roles in the
development of young women and men by creating sisterhoods and
brotherhoods that foster leadership, promote academic
achievement, and encourage civic and campus involvement through
philanthropic activities.
(2) The freedom of association--that is, the freedom of
joining, assembling, and residing with others--is protected
under the First and Fourteenth Amendments to the Constitution,
and allows individuals to create spaces that are safe,
welcoming, empowering, enabling, uninhibited, and free.
(3) Single-sex social sororities, fraternities, and private
social clubs meet the requirements for intimate and expressive
associations protected by the freedom of association because
they are small and selective, are bound together by friendship,
common interests, and common purpose, and create safe and