1. Short title This Act may be cited as the Freedom of Association in Higher Education Act of 2023 . 2. Purposes (a) Purposes The purposes of this Act are as follows: (1) Protect any student in a single-sex social organization or any single-sex social organization from any adverse action by an institution of higher education based solely on the membership practice of such organization of limiting membership only to individuals of one sex. (2) Ensure any student in a single-sex social organization or any single-sex social organization is treated without bias in comparison to students at an institution of higher education who do not participate in single-sex social organizations, or other social organizations at an institution of higher education that are not single-sex. (3) Protect the rights of students to freely associate with and participate in social organizations, including single-sex social organizations. 3. Freedom of association protections for students in social organizations Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is amended by adding at the end the following: 124. Freedom of association protections for students in social organizations (a) Upholding freedom of association protections Any student (or group of students) enrolled in an institution of higher education shall— (1) be able to form or apply to join any recognized or unrecognized social organization, including any single-sex social organization