Equal Campus Access Act of 2026

Enumerated powers · passes

Congress has authority under Article I, Section 8, Clause 1 (Spending Clause) to attach conditions to federal funds, including those under the Higher Education Act. The bill does not directly regulate public institutions but instead conditions receipt of federal funds on compliance with nondiscrimination rules protecting religious student organizations. This is a well-established use of spending power, as upheld in cases like South Dakota v. Dole.

Bill of Rights · passes

The bill protects the First Amendment rights of religious student organizations—free exercise of religion, free speech, and freedom of assembly. It does not infringe any Bill of Rights protections; rather, it prevents public universities from discriminating against religious groups based on their beliefs or leadership standards, which would itself violate the First Amendment. No infringement of the Second, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments is present.

Individual liberty · passes

The bill protects the autonomy of religious student organizations to set their own beliefs, practices, speech, leadership standards, and standards of conduct. This respects the individual sovereignty of members to associate freely and practice their religion without government coercion. The government is not restricting individual action but rather preventing public universities from imposing restrictions on religious groups.

Decentralization · raises concerns · severity: minor

The bill fails the decentralization test because it consolidates decision-making at the federal level. While the issue of religious discrimination on campus could be addressed by states or local communities, the bill uses federal spending power to impose a uniform national standard. This fails questions 3 and 4: states could handle this without federal involvement, and the action consolidates upward. However, the Tenth Amendment is not directly violated because the spending power is a legitimate federal tool, and the condition is related to the federal interest in nondiscrimination.

Due process and takings · passes

The bill does not bypass due process or take property without just compensation. It provides clear notice to public institutions: if they deny certain rights to religious student organizations, they lose eligibility for federal funds. Institutions retain the choice to comply or forgo funds. No arbitrary government action, no deprivation of property without hearing, and no taking of private property for public use. The Fifth Amendment's Due Process and Takings Clauses are not implicated.