boardvmergens90

(496 U.S. 226, 1990); prepared by Beth
-Petitioners (school officials) denied the respondents’ request to form a Christian club that would have the same privileges and meet on the same terms and conditions as other Westside student groups, except that it would have no faculty sponsor. -Respondents (students) challenged the school district, alleging that petitioners’ refusal to permit the proposed club to meet at Westside violated the Equal Access Act. This act prohibits public secondary schools that receive federal financial assistance and that maintain a “limited open forum” from denying “equal access” to students who wish to meet within the forum on the basis of the content of the speech at such meetings.
 * Facts:**


 * Issues:** Did the school district violate the rights of students to form a Christian Club at this high school? Yes
 * Answers:** Yes. The School Board violated the Equal Access Act. Because the Court held that petitioners violated the Act, they did not decide respondents’ claims under the Free Speech and Free Exercise Clauses.

Windmar v. Vincent, 454 U.S. 263, 273-274 – Any incidental benefits that accompany official recognition of a religious club under the Act’s criteria do not lead to the establishment of religion under this standard. Lemon v. Kurtzman, 403 U.S. 602, 612-613 (1971) - “equal access” policy would not violate the Establishment Clause because such a policy would have a secular purpose, would not have the primary effect of advancing religion, and would not result in excessive entanglement between government and religion. Equal Access Act, 20 USC.4071 (a) and (b)– “It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings.” 4071(a).
 * Legal Basis/Rationale:**


 * Notes:** The School Board is ordered to allow Christian Club to exist but “must be responsive not only to the broad terms of the Act’s coverage, but also to this Court’s mandate that they effectively disassociate themselves from the religious speech that now may become commonplace in their facilities.”