Equal Access Act
Encyclopedia
The Equal Access Act is a United States
federal law
passed in 1984 to compel federally-funded secondary schools to provide equal access to extracurricular clubs. Lobbied for by religious groups who wanted to ensure students the right to conduct Bible study programs during lunch and after school, it is also essential in litigation regarding the right of students to form gay–straight alliancess.
It was ruled constitutional by the Supreme Court
in 1990 in the case Westside Community Schools v. Mergens
, and the school was ordered to allow a student Christian
group to meet.
At the college level, controversy arose over whether a university should pay for a publication by a religious student organization. The court ruled in Rosenberger v. Rector and Visitors of the University of Virginia that if the university pays for other student organization publications, it must also pay for religious organization publications.
A similar case was lodged with the Detroit Federal Court in May 2007. The Alive Bible Club at Farmington High School
, Michigan
alleges that it has been denied recognition as a non-curriculum club despite recognition for similar groups. School officials argue that the Bible Club breaches the separation of church and state, that the Club did not exhaust other grievance resolution processes prior to filing the suit, and that equal access has not been denied as the school also denies recognition for other religious-based groups.
The Equal Access Act has also been used to fight opposition to Gay-Straight Alliance
s in high schools across the nation. Administration in high schools who have opposed the formation of Gay-Straight Alliances, and formally denied their organizers privileges and the right to assemble, found themselves being sued and caught in legal disputes. The State Supreme Courts have always ruled in favor of the Gay-Straight Alliance, stating that the particular school must either allow the Gay-Straight Alliance, or ban all non-curriculum groups from assembling on school property.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal law
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
passed in 1984 to compel federally-funded secondary schools to provide equal access to extracurricular clubs. Lobbied for by religious groups who wanted to ensure students the right to conduct Bible study programs during lunch and after school, it is also essential in litigation regarding the right of students to form gay–straight alliancess.
Intent of the Act
The Act provides that if a school receives no federal aid and has a "limited open forum," or at least one student-led non-curriculum club that meets outside of class time, it must allow additional such clubs to be organized, and must give them equal access to meeting spaces and school publications. Exceptions can be made for groups that "materially and substantially interfere with the orderly conduct of educational activities within the school," and a school can technically "opt out" of the act by prohibiting all non-curriculum clubs.It was ruled constitutional by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in 1990 in the case Westside Community Schools v. Mergens
Westside School District v. Mergens
Westside School District v. Mergens, 496 U.S. 226 , was a case involving a school district's ability to hold classes on Bible study after school.-Background:...
, and the school was ordered to allow a student Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
group to meet.
At the college level, controversy arose over whether a university should pay for a publication by a religious student organization. The court ruled in Rosenberger v. Rector and Visitors of the University of Virginia that if the university pays for other student organization publications, it must also pay for religious organization publications.
A similar case was lodged with the Detroit Federal Court in May 2007. The Alive Bible Club at Farmington High School
Farmington High School (Michigan)
Farmington High School is a public high school in Farmington, Michigan. The school is part of Farmington Public Schools. It is academically and athletically well-known and has been mentioned in Time magazine as one of America's top ranked schools several times. The current school was built in 1953...
, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
alleges that it has been denied recognition as a non-curriculum club despite recognition for similar groups. School officials argue that the Bible Club breaches the separation of church and state, that the Club did not exhaust other grievance resolution processes prior to filing the suit, and that equal access has not been denied as the school also denies recognition for other religious-based groups.
The Equal Access Act has also been used to fight opposition to Gay-Straight Alliance
Gay-straight alliance
Gay–straight alliances are student organizations, found primarily in North American high schools and universities, that are intended to provide a safe and supportive environment for lesbian, gay, bisexual, and transgender youth and their straight allies .-Goal:The goal of most, if not all,...
s in high schools across the nation. Administration in high schools who have opposed the formation of Gay-Straight Alliances, and formally denied their organizers privileges and the right to assemble, found themselves being sued and caught in legal disputes. The State Supreme Courts have always ruled in favor of the Gay-Straight Alliance, stating that the particular school must either allow the Gay-Straight Alliance, or ban all non-curriculum groups from assembling on school property.
Guidelines for groups and/or clubs under its protection
- Host school is a secondary school and receives federal financial assistance
- Already have a limited open forum, which means that at least one student-led, non-curriculum club that meets outside of class time
- Attendance is voluntary
- Group is student-initiated
- Group is not sponsored solely by the school, teachers and/or faculty, school employees, or the government.
- Group is not disruptive
- Persons of the community that are not students may not "direct, conduct, control, or regularly attend meetings"
Guidelines for schools under its protection and/or enforcement
- All groups and/or clubs have equal access to meeting spaces, the PA system, school periodicals, bulletin board space, etc.
- School officials preserve and have the right to monitor meetings
- Officials preserve and have the right to require all clubs and/or groups to follow a set of guidelines
- Schools may limit meeting times and locations, only if the rules apply to all groups and/or clubs
- Schools may prohibit people from the community from attending student groups and/or clubs.