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Federal Judge Rules 2023 State PSEO Amendment Unconstitutional


By Northwestern on Saturday, August 23, 2025

ST. PAUL, Minn., August 23, 2025 – The Honorable Nancy E. Brasel, U.S. District Judge for the District of Minnesota, issued her ruling in the Loe v. Jett case late Friday, determining that the 2023 amendment to Minnesota Statute 124D.09 (“Postsecondary Enrollment Options Act”), which disallowed University of Northwestern – St. Paul and Crown College’s from eligibility to provide on-campus Postsecondary Enrollment Options (PSEO) programs based on missional criteria, is unconstitutional.

With help from the Becket Fund for Religious Liberty and a local team of attorneys from Lathrop GPM, Northwestern, Crown, and two private families sued the state and its Department of Education (MDE) on the same day Governor Tim Walz signed the bill into law in May 2023 which challenged the amendment’s new exclusions based on the institutions’ requirement of a statement of faith from students who attend PSEO classes on campus. Shortly thereafter, the state countersued Northwestern and Crown, claiming that, as alleged state actors, they were in violation of the both the U.S. and Minnesota Constitutions’ Free Exercise, Establishment, Free Speech, and Equal Protection Clauses and the Minnesota Human Rights Act (MHRA).

As part of her 70-page brief, Brasel’s ruling included the following: “The Faith Statement Ban is unconstitutional under the Free Exercise Clause of the United States Constitution and the Freedom of Conscience Clause of the Minnesota Constitution. The Faith Statement Ban is inseverable from the Nondiscrimination Requirement, and so the Amendment must be stricken in its entirety. As for MDE’s counterclaims, MDE lacks standing to assert its constitutional counterclaims, and its statutory counterclaim fails on the merits under the MHRA.”

At the time of the lawsuit’s filing, Northwestern President Dr. Corbin Hoornbeek noted, “Throughout its history, Northwestern has stood firm on the fundamental principles of faith in Jesus Christ and adherence to the Scriptures, while also recognizing that there is a need for Christian witnesses in today’s version of Judea, Samaria, and to the ends of the earth. This legislation has given us yet another opportunity to affirm our mission; we remain committed to equipping our students to grow intellectually and spiritually to serve effectively in their professions and give God-honoring leadership in the home, church, community, and world.”

Northwestern’s position remains the same in 2025 as it seeks to uphold its mission. “In 2023, the state attempted to restrict students who desire to take their PSEO credits at Northwestern—an attempt that has been rebuffed,” Hoornbeek said. “We are grateful that Northwestern can continue to serve the Minnesota families who wish to get a head start in their college journey as members of our UNWavering campus community.”

The state has 30 days to appeal Judge Brasel’s decision to the Eighth Circuit Court of Appeals.

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University of Northwestern – St. Paul (UNW) is a nondenominational, Christian university in St. Paul, Minn. With a Biblical worldview integrated into all programs, UNW provides a unique educational experience for students who want to combine faith and education. Northwestern offers more than 50 areas of study, including five master’s degrees, and online and early college programs. Northwestern Media, a ministry of the university, owns and operates 105 radio signals throughout the Midwest across 13 states with a total listenership of more than 2 million listeners. Visit unwsp.edu for more information.