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The prevalence of fraudulent, substandard, and illegal diplomas and degrees is an ever-increasing problem in the United States.

The United States Congress has found that the safety of the American public is particularly endangered by the sale of fraudulent degrees, and that the preeminence of the United States in science and engineering, as well as the prestige and reputation of American universities, is threatened by the trafficking of fraudulent degrees, diplomas, and certifications. (109th Congress, 2006)

Religious and theological degrees and other degrees from religiously affiliated institutions are some of the most commonly issued fraudulent, substandard and illegal credentials. The reason for the prevalence of fraudulent religious and theological degrees is the fact that anyone can incorporate a "church" by registering as a non-profit organization within a state. This "church" can then claim that its bylaws grant it the authority to issues certifications and degrees. Unfortunately many innocent people seeking a religious education fall victim to these "churches" issuing "degrees" that aren't worth the paper the phony diploma is printed on.

These organizations issuing fraudulent and substandard religious degrees often claim that their action is protected by the First Amendment of the U.S. Constitution and guarantees of religious freedom. Simply put this is not the case. Religiously affiliated institutions are not exempt from state oversight under the First Amendment, nor do they gain the privilege of issuing fraudulent, substandard, and illegal degrees under protection of the Religious Freedom Restoration Act.

As an example of this, the Texas Attorney General has issued an opinion (JC-0200) that the Religious Freedom Restoration Act does not exempt religiously-affiliated institutions from the requirements under the Texas Education Code (Chapter 61, Subchapter G). The statute does not regulate any religious practice. Institutions that have a religious affiliation are free to exercise their religious beliefs. The law is written to regulate very narrowly those activities that are academic only, such as representations that the instruction is college level or that the student can receive a degree, and not to impinge on any religious practice or belief. In addition, institutions that do not wish to meet the academic standards of a higher educational institution are free to teach and prepare students for ministry positions as long as they do not assert that the

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