Illinois Bible Colleges Association v. Anderson, No. 16-1754 (7th Cir. 2017)Annotate this Case
Bible Colleges and a student sued the Illinois Board of Higher Education, alleging that the Private College Act, 110 ILCS 1005/0.01, the Academic Degree Act, 110 ILCS 1010/0.01, and the Private Business and Vocational Schools Act of 2012, 105 ILCS 426/1, violated the First Amendment and Equal Protection Clause of the U.S. Constitution, as well as the Illinois constitution and the Illinois Religious Freedom Restoration Act. The Seventh Circuit affirmed the dismissal of the complaint. The plaintiffs have not sought certification of approval from the state under the applicable statutes, so there is no basis to believe that the regulations would infringe on their religious beliefs or practices or would unnecessarily entangle the government in religion. The statutes are neutral laws of general application and apply equally to secular and religious institutions. While the state statutes exempt older educational institutions from the governing mandates, the law is clear that, when no improper discrimination is involved, the government may include a grandfather clause in legislation without violating the guarantee of Equal Protection. The regulations do not impact the student’s choice of career. Rather, they merely determine whether he may obtain a degree from specific post-secondary institutions.
The court issued a subsequent related opinion or order on October 5, 2017.