Board of Education of the Westside Community Schools v. Mergens

United States Court of Appeals for the Eighth Circuit · 1989 · Constitutional Law

867 F.2d 1076 (1989)

Updated July 19, 2026

Constitutional LawFirst AmendmentEstablishment ClauseEqual Access ActStudent Speechlimited open forumnoncurriculum-related student groupsreligious clubs

Facts

Westside High School is a federally funded public secondary school that allows approximately thirty voluntary student groups and clubs to meet after school on school grounds, each with a faculty sponsor. Students seeking to form a Christian Bible Study Club requested approval in 1985, but the principal, superintendent-level officials, and ultimately the school board denied the request because they believed the club would violate the Establishment Clause and was inconsistent with a policy limiting building use to school-sponsored, curriculum-related activities. The school had no written policy on club formation and instead reviewed proposed clubs case by case under a general board policy recognizing clubs as part of the educational program. Before the Bible club request, no club had ever been denied access.

Issue

Whether Westside High School had a limited open forum under the Equal Access Act because it permitted one or more noncurriculum-related student groups, and if so, whether denying a Christian Bible Study Club access based on its religious content violated the Act. The court also addressed whether applying the Equal Access Act to require equal access for the religious club would violate the Establishment Clause.

Rule

A federally assisted public secondary school has a limited open forum under the Equal Access Act whenever it grants an opportunity for one or more noncurriculum-related student groups to meet on school premises during noninstructional time. If even one noncurriculum-related student club is permitted, the school may not deny another student club access on the basis of the religious, political, philosophical, or other content of its speech. An equal access policy for student religious groups does not violate the Establishment Clause where, under Widmar and Lemon, the policy has a secular purpose, its primary effect neither advances nor inhibits religion, and it does not foster excessive government entanglement with religion.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

Riverton High School in Tulsa, Oklahoma, receives federal funds and lets students meet after school in several clubs, including a photography club, a robotics team, and a chess club. When Maya Ortiz and Jonah Blake seek approval for a student-led Gospel Discussion Circle, the principal refuses solely because the meetings would include prayer and Bible discussion.

Which is the strongest argument that the students should prevail under the governing rule?

Explanation. A federally assisted public secondary school has a limited open forum whenever it allows one or more noncurriculum-related student groups to meet during noninstructional time. The majority specifically treated chess as the sort of noncurriculum-related club that triggers the Act. Once that forum exists, the school may not deny access based on the religious content of the proposed club's speech.