Senate passes bill to protect religious freedom on college campuses

The Senate approved legislation Thursday crafted to prohibit public college and university officials from interfering in student campus religious organizations by forcing acceptance of all applicants for membership.

The core of the bill sent to the House on a 30-10 vote blocks administrators in Kansas from enforcing an “accept-all-comers” policy of the type resulting in organizations in other states being forced off campus.

Sen. Steve Fitzgerald, R-Leavenworth, said student groups ought to be able to maintain “sincerely held religious beliefs” without being compelled to admit members who don’t share that group’s version of faith.

He said such a case arose in 2004 at Washburn University, but there had been no significant conflicts at universities in Kansas.

“It would simply protect the status quo in Kansas. However, there are cases in other states,” Fitzgerald said.

Sen. David Haley, D-Kansas City, asked Fitzgerald whether Senate Bill 175 would grant college student organizations the authority to engage in discrimination framed in religious terms.

“To say,” Haley said, “‘We don't want your kind in our religious organization because you’re not one of us. You’re one of them.’”

Fitzgerald said the bill would affirm a campus religious group had the capacity to define itself through the right of association.

Student organizations shouldn’t fear an overbearing administrator’s intrusion on their religious freedom, he said.

“This nondiscrimination policy that we’re concerned about, the all-comers policies, are being misinterpreted and misused, not to protect, but rather to drive off campus and exclude student groups, particularly student religious groups,” Fitzgerald said.

In testimony to a Senate committee, an official with the Kansas Catholic Conference said the bill was necessary because university officials were targeting religious student groups “whose beliefs are not in favor with academic elites.”

Sen. Mary Pilcher-Cook, R-Shawnee, said she was perplexed legislators would voice objections to the bill.

“It's too bad we have to fight so hard to retain this liberty in this great state,” Pilcher-Cook said.

The Great Plains chapter of Americans United for Separation of Church and State suggested the bill would shield religious student groups delving in discrimination at higher education institutions.

“I just wonder if we're opening up a can of worms,” said Sen. Tom Holland, a Baldwin City Democrat who voted against the bill.