Equal Access Act

Equal Access Act
Great Seal of the United States
Long title Denial of equal access prohibited
Enacted by the 98th United States Congress
Effective August 11, 1984
Citations
Public law 20 U.S.C. § 4071
Codification
Titles amended 20
U.S.C. sections created 4071
Legislative history
United States Supreme Court cases
Westside Community Schools v. Mergens

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 Christian 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 alliances;[1] and to form groups focused on any religion or on secularism.[2]

Intent of the Act

The Act provides that if a school receives 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.[3]

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.[3]

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.[4][5]

The Equal Access Act has also been used to fight opposition to gay-straight alliances in high schools across the nation.[6] 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.

The Act requires that if a school permits any religious student group, then it must allow groups focused on any religion or on irreligion. This has been applied to stop schools from blocking Muslim, Jewish, Sikh, and other religious groups as well as Christian ones.[7] The Secular Student Alliance and other secular groups have invoked the Act to stop public high schools from blocking students organizing secular student groups.[2][8]

Guidelines for groups and/or clubs under its protection

Guidelines for schools under its protection and/or enforcement

References

  1. Stewart, Chuck (2001). Homosexuality and the Law: A Dictionary. ABC-CLIO. pp. 14–15. ISBN 978-1-57607-267-7.
  2. 1 2 https://www.secularstudents.org/eaaarticle
  3. 1 2 Kern, Alexander; M. David Alexander (2012). American Public School Law, 8th edition. Wadsworth Cengage Learning. p. 258. ISBN 049591049-X.
  4. Michigan High School Slams Door On Christian Student Group, Joe Murray, The Evening Bulletin, 23 May 2007
  5. Macgillivray, Ian (2007). Gay-Straight Alliances: A Handbook for Students, Educators, and Parents. New York, NY: Harrington Park Press. pp. 37–53. ISBN 978-1-56023-684-9.
  6. https://www.aclu.org/religion-belief/joint-statement-current-law-religion-public-schools
  7. http://www.secularstudents.org/nationalorgspartner

External links

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