HB 390: Religious Expression in Higher Education - Utah

Amended 2/18/2025 14:02:834 → Amended 2/24/2025 17:02:735 · 7 edits

MODERATE

This bill amendment adds a new section protecting religious, political, and ideological student organizations from discrimination by educational institutions. The changes clarify definitions of 'benefits' and 'expressive activity,' modify how student organizations are defined, and strengthen enforcement provisions with specific monetary penalties for violations.

Scope change

The bill now explicitly protects religious, political, and ideological student organizations from discrimination based on their beliefs or activities, expanding protections beyond general free expression.

SCOPE

New Section 53B-27-203.5 prohibits institutions from discriminating against religious, political, or ideological student organizations based on their beliefs or protected expressive activities.

DEFINITION

The definition of 'student organization' was changed from 'group' to 'student organized group' and clarified that organizations must be recognized as 'student clubs' rather than just seeking official recognition.

'Benefit' definition was expanded to include funding sources available to other student organizations, ensuring equal access to resources.

'Expressive activity' definition was restructured to include participation in speech or conduct protected by the First Amendment and Utah Constitution, broadening protection beyond specific activities like distributing literature or carrying signs.

REQUIREMENT

Leaders of student organizations may now be required to affirm the organization's sincerely held beliefs, comply with established standards of conduct, or further the organization's mission without facing discrimination.

ENFORCEMENT

Enforcement provisions were strengthened with specific monetary penalties: at least $500 for initial violations and $50 per day for continued violations after notification.

TECHNICAL

Minor formatting and punctuation changes throughout the document, including removal of bracketed editorial marks and standardization of legal citations.

Amended Excerpts 2/24/2025 17:02:735 → Amended 2/18/2025 14:02:834 · 7 edits

MODERATE

This bill strengthens protections for student organizations on Utah higher education campuses by expanding definitions of protected benefits and expressive activities, adding explicit anti-discrimination protections for religious, political, and ideological groups, and establishing clearer enforcement mechanisms with specific damages for violations.

Scope change

The bill now explicitly protects religious, political, and ideological student organizations from discrimination and broadens the definition of benefits to include facility use, communication channels, and funding sources.

DEFINITION

Added new definition of 'benefit' to include facility use, communication channels, and funding sources available to student organizations.

Added comprehensive definition of 'expressive activity' covering assembly, protesting, speaking, literature distribution, signs, petitions, and protected speech.

Modified student organization definition to remove requirement that students must receive benefits from the institution.

ELIGIBILITY

Added explicit protection from discrimination for religious, political, and ideological student organizations based on their nature or expressive activities.

REQUIREMENT

Added requirement that institutions ensure free expression policies are viewpoint-neutral and respect student organization rights.

Added requirements for institutions to publish free expression policies in student handbooks and on websites, include them in student orientation, and train staff on these policies.

ENFORCEMENT

Added cause of action allowing individuals to sue for violations with minimum $500 damages for initial violations and $50 per day for continued violations.

Amended Excerpts 2/18/2025 14:02:834 → Amended Excerpts 2/24/2025 17:02:735 · 3 edits

MINOR

The bill underwent two main changes: a renumbering of lines due to earlier amendments, and a modification to the definition of 'student organization' to clarify that it must be officially recognized or seeking recognition by an institution. Additionally, the definition was updated to specify that student organizations must be comprised of students receiving benefits available to student clubs, and the description of their mission furtherance was adjusted to align with how the organization itself defines its purpose.

Scope change

The scope of the bill's definition of 'student organization' was narrowed and clarified to require official recognition or recognition-seeking status by an institution, and to tie student membership benefits specifically to those available to student clubs.

DEFINITION

The definition of 'student organization' was revised to explicitly require that the group be officially recognized or seeking official recognition by an institution, and to specify that members must receive benefits available to student clubs.

The language describing how student organizations further their mission was changed to reflect that the mission, purpose, or standards of conduct are defined by the student organization itself, rather than by external standards.

TECHNICAL

Line numbers were adjusted from lines 58-60 to lines 43-47 due to prior amendments, and minor formatting changes were made to the House Amendments header.

Enrolled → Amended Excerpts 2/18/2025 14:02:834 · 1 edit

MINOR

House amendments to HB 390 modify the language regarding student organization leadership requirements, specifically changing how institutions must treat leaders who further the organization's mission. The amendment clarifies that leaders must further the mission as defined by the student organization itself, rather than as defined by the institution, strengthening protections for ideological groups.

DEFINITION

Amended Section 53B-27-203.5 to clarify that student organization leaders must be allowed to further the organization's mission, purpose, or standards of conduct as defined by the student organization itself, not by the institution.

Introduced → Enrolled · 5 edits · Mar 26, 2025

MODERATE

This bill protects student organizations' rights on higher education campuses by adding new definitions, prohibiting discrimination against religious, political, and ideological groups, and establishing enforcement mechanisms with monetary penalties for violations.

Scope change

The bill expands protections to include religious, political, and ideological student organizations and clarifies what constitutes protected expressive activity and benefits.

DEFINITION

Added new section 53B-27-203.5 defining protected expressive activities and prohibiting discrimination against religious, political, or ideological student organizations.

Modified the definition of 'student organization' to specify groups seeking official recognition as student clubs.

REQUIREMENT

Amended free expression policy requirements to mandate viewpoint-neutral policies that respect student organization rights.

ENFORCEMENT

Established cause of action allowing individuals to sue for violations with minimum $500 damages for initial violations and $50 per day for continued violations.

TECHNICAL

Updated formatting and clarified language in existing sections regarding definitions and policy requirements.

Religious Expression in Higher Education

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