Senators Banks and Gallego Introduce the Freedom of Association in Higher Education Act

WASHINGTON, D.C. – Today, Senators Jim Banks (R-Ind.) and Ruben Gallego (D-Ariz.) introduced the Freedom of Association in Higher Education Act, a bipartisan bill that protects college students’ rights to join single-sex social organizations, like fraternities, sororities, or off-campus clubs, without fear of punishment or discrimination from their schools.

Senator Jim Banks

Senator Jim Banks (R-Ind.): “Students should be free to form and join single-sex organizations like fraternities and sororities without facing punishment. This bill protects students’ freedom to associate, uphold tradition, and choose the communities they want to be a part of.”

Senator Ruben Gallego

Senator Ruben Gallego (D-Ariz.): “I cannot imagine my college experience without my fraternity brothers. As a first-generation student in a completely new environment, having a strong community to lean on was essential. I’m proud to support this bill to protect students’ access to Greek life since no student should be penalized for finding a home away from home.”

Nick Bement SGA President, Indiana State University

Nick Bement, SGA President, Indiana State University: As a student leader on campus, I applaud Senators Banks and Gallego for their commitment to defending students’ association rights on college campuses. I have experienced first-hand the vital role that student organizations play on college campuses and defending the association rights of students is essential to the success of the collegiate experience in the United States. Specifically concerning Greek lettered fraternities and sororities, it is necessary that college students have a choice concerning who they associate with, as each organization holds different values that an individual may or may not align with. Joining My chapter (Pi Kappa Alpha) at Indiana State has taught me valuable life lessons that I could never learn in a lecture hall while also teaching me vital life skills such as time management, professional & leadership development and more. Had I never been given the opportunity to surround myself with like-minded men, my life would be vastly different.

Jud Horras, CEO, North American Interfraternity Conference

Jud Horras, CEO, North American Interfraternity Conference: “The North American Interfraternity Conference commends Senators Banks and Gallego for their commitment to protecting students’ rights to association on college campuses. Their leadership ensures that college men can continue to shape their futures and foster communities that enrich their educational experience.”

Dani Weatherford, CEO, National Panhellenic Conference

Dani Weatherford, CEO, National Panhellenic Conference: “The National Panhellenic Conference (NPC) thanks Senator Jim Banks for his leadership in championing the freedom of association rights of students and organizations. The State of Indiana is home to a vibrant sorority community and his efforts to introduce legislation to address this important topic is very much appreciated.”

Key provisions of the Freedom of Association in Higher Education Act:

  • It clarifies that students enrolled at federally funded colleges and universities have the right to form or join social organizations, including single-sex social organizations.
  • Prohibits federally funded colleges and universities from discriminating against single-sex social organizations or students who seek to join single-sex social organizations, because of their single-sex nature.
  • These protections apply to both officially recognized and unrecognized student groups.
  • Schools can still take action in cases of misconduct or harm, but not solely because a group is single-sex; faculty are free to speak or research on the topic.
  • Single-sex organizations include fraternities, sororities, and off-campus clubs mostly comprised of students or alumni.

Full bill text here.

Background:

In 2023, then-Rep. Banks cosponsored the Freedom of Association in Higher Education Act, which Rep. Stefanik introduced.

The bill was attached to the Woke Campus Act passed out of the House in September 2024.

In 2016, Harvard implemented a policy that penalized students for joining single-sex organizations, effectively blacklisting members of fraternities and sororities unless they went co-ed. The policy barred students in women’s or men’s only groups from campus leadership roles, varsity captaincies, and key scholarship endorsements.

Read more about the bill here.