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Board of Education of Westside Community Schools v. Mergens

Supreme Court of the United States · 1990 · Constitutional Law

Constitutional LawFirst AmendmentEstablishment ClauseEqual Access ActPublic SchoolsEqual Access Actlimited open forumnoncurriculum related student group

Facts

Westside High School, a federally funded public secondary school, allowed about 30 student clubs to meet on school premises after school and granted recognized clubs access to school channels such as the newspaper, bulletin boards, the public address system, and the annual Club Fair. Bridget Mergens asked to form a Christian club that would meet on the same terms as other clubs during noninstructional time, with voluntary membership open to all students, for Bible reading, discussion, fellowship, and prayer. School officials denied the request because school policy required faculty sponsorship and because they believed a religious club would violate the Establishment Clause. The record showed that some existing clubs, including Subsurfers and Chess Club, were not directly related to any regularly offered course, not required by any course, and did not provide academic credit.

Issue

Whether the Equal Access Act required Westside High School to grant official recognition to the proposed student Christian club because the school maintained a limited open forum by allowing one or more noncurriculum related student groups to meet during noninstructional time. If so, whether applying the Act to require such access violated the Establishment Clause.

Rule

A public secondary school receiving federal financial assistance maintains a limited open forum under the Equal Access Act whenever it allows one or more noncurriculum related student groups to meet on school premises during noninstructional time. A student group directly relates to the curriculum if its subject matter is actually taught or soon will be taught in a regularly offered course, concerns the body of courses as a whole, participation in the group is required for a particular course, or participation results in academic credit; otherwise the group is noncurriculum related. Once a limited open forum exists, the school may not deny equal access to student meetings on the basis of the religious, political, philosophical, or other content of the speech, and equal access under the Act does not violate the Establishment Clause where the access is neutral, student initiated, during noninstructional time, and school employees are limited to nonparticipatory or custodial roles.

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

Riverbend High School, a federally funded public school in Columbus, Ohio, allows students to meet after class in a robotics club, a student senate, and a hiking club. The hiking club is not tied to any course, is not required for any class, and offers no academic credit. School officials refuse to recognize a student Sikh association because its discussions would be religious.

Is the school required to grant the Sikh association equal access under the Equal Access Act?

Explanation. A federally funded public secondary school creates a limited open forum whenever it allows one or more noncurriculum related student groups to meet on school premises during noninstructional time. Once that forum exists, the school may not deny equal access on the basis of the religious, political, philosophical, or other content of the students' speech. The hiking club is noncurriculum related under the majority's test because it is not taught, not required, does not concern the body of courses as a whole, and gives no credit. (Derived from Board of Education of Westside Community Schools v. Mergens (1990).)