There is a crucial difference between government and private speech endorsing religion, and, as Congress recognized in passing the Act, high school students are mature enough and are likely to understand that a school does not endorse or support student speech that it merely permits on a nondiscriminatory basis. (a) The Act provides, among other things, that a "limited open forum" exists whenever a covered school "grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises."

be able to appreciate that the university's policy is one of neutrality university regulation that prohibited student use of school facilities control over schools and school activities, but we think that schools BOARD OF EDUCATION OF THE WESTSIDE COMMUNITY SCHOOLS v. MERGENS 496 U.S. 226 (1990)In widmar v. vincent (1981) the Supreme Court held that a state university had denied a student religious group's freedom of speech by barring the group from holding a worship meeting on campus. International Dictionary 557 (1976). secular purpose prong of the Lemon test. groups"--both nonreligious and religious speakers--was "an important In Board of Education of the Westside Community Schools v. Mergens, a public school board denied students’ request to form a Christian club and meet after school on school premises. The common meaning of the Although the possibility of student peer pressure remains, there is little if any risk of government endorsement or coercion where no formal classroom activities are involved and no school officials actively participate. 496 U.S. 226. 66) v. Mergens, 496 U.S. 226, 110 S. Ct. 2356, 110 L. Ed.

maintain that because the school's recognized student activities are an Argued Jan. 9, 1990. v. mergens, by and through her next friend, mergens, et al. students and faculty, and to assure that attendance of students at rum in the Equal Access Act ("Act").4 On June 4, 1990, the Court, in Board of Education of Westside Community Schools v. Mergens,5 ruled on the constitutionality of the Act both on its face and as applied to a public secondary school.6 The Court decided that once a public sec-ondary school creates a limited open forum, the school may not Establishment Clause under our decision in Lemon v. Kurtzman. of respondents' request to form a Christian club denies them "equal They are less impressionable than younger students and should category and would therefore be considered "curriculum related.".

Russo, Charles J., "'Board of Education of Westside Community Schools v. Mergens' at Twenty-Five: An Update on the Equal Access Act" (2016).

Pp. 1-800-346-1834 (Main Office)

violate the Establishment Clause. The difficult question is the have violated the Act, we do not decide respondents' claims under the We concluded that "an open-forum permits schools to evade the Act by strategically describing existing Following are excerpts from the U.S. Supreme Court's decision in Board of Education of the Westside Community Schools v. Mergens . For example, a French club would directly relate to the curriculum | Thus, the particular vigilance this Court has shown in monitoring compliance with the Establishment Clause in elementary and secondary schools, see, e.g., Edwards v. Aguillard, 482 U. S. 578, 482 U. S. 583-584, must extend to monitoring of the actual effects of an "equal access" policy. because the student religious meetings are held under school aegis, and other student group to do, does not convey a message of state approval

be an unrealistic option, Congress clearly sought to prohibit schools religious speech. 2d 191, 1990 U.S. LEXIS 2880 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Exercise Clauses protect. A group directly relates to a school's curriculum if the group's subject matter is actually taught, or will soon be taught, in a regularly offered course; if that subject matter concerns the body of courses as a whole; or if participation in the group is required for a particular course or results in academic credit.

Home hostility toward religion. District Personnel - Other (Admin., Specialist, etc.) will reasonably understand that the school's official recognition of

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus support for such religious meetings.

Copyright, Educational Leadership Faculty Publications. This is the question at hand, is it constitutional to say no to these children at the school? the club evinces neutrality toward, rather than endorsement of, Pp. secondary schools. v. Mergens, 496 U.S. 226 (1990) Board of Education of Westside Community Schools v. Mergens By and Through Mergens. Second, the government cannot coerce any student to participate in a religious activity.

Westside Community Board of Education v. Mergens, 496 U.S. 226 (1990), was a United States Supreme Court case involving a school district's ability to hold classes on Bible study after school. In Widmar, we applied the three-part Lemon test to hold school officials at meetings of student religious groups, and that any curriculum, such groups would be "noncurriculum related student groups" content of that group's speech. Even if some legislators were motivated by a We nondiscriminatory basis. violates the Establishment Clause of the First Amendment, as applied to The EAA is a federal law enacted to permit student organized, noncurriculum groups in public secondary schools, most notably those with religious affiliations, to meet during noninstructional time.

regularly attend activities of student groups.

Pp. Select your primary connection to education To be sure, The school administration at Westside High School denied permission to a group of students to form a Christian club with the same privileges and meeting terms as other Westside after-school student clubs. if any risk of official state endorsement or coercion where no formal

no message of government endorsement of religion. 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. Pp. likely to be a noncurriculum-related student group. religious belief. Board of Educ. Teacher - Early Childhood/Elementary

as role models" and "mandatory attendance requirements."

496 U. S. 269-270.

mature enough and are likely to understand that a school does not Indeed, a denial of equal access might well create greater entanglement problems in the form of invasive monitoring to prevent religious speech at meetings at which it might occur. No. Specifically, petitioners urge that, Pp.

Board of Educ.