Westside Community Board of Education v.

Mergens (1990)
Legal Brief #1 ED 502
Citation:
First Amendment Schools. (2006). Board of Education of Westside Community Schools v. Mergens, 496
U.S. 226 (1990). Retrieved from First Amendment Schools:
http://www.firstamendmentschools.org/freedoms/case.aspx?id=497
Supreme Court Cases: Westside Community Schools v. Mergens, 1990. (n.d.). Retrieved from Pearson
Prentice Hall:
http://www.phschool.com/atschool/ss_web_codes/supreme_court_cases/mergens.html

Facts:
- Bridget Mergens, a student at Westside High School, attempted to start an after school
Christian club at her school. Her request was denied and she filed sued.
- Westside High School is a secondary school which allows, but does not require
participation, to students in several after school club, non-curriculum programs.
- The Equal Access Act is claimed by Bridget Mergens as grounds the school must allow
clubs to be formed which are religious or political as long as they are student led.

Issues:
- Whether the Equal Access Act requirement of schools permitting non-curriculum related
clubs must also permit student religious clubs is a violation of the Establishment Clause
of the First Amendment.

Ruling:
- In an 8-1 ruling the Supreme Court ruled that the Equal Access Act did not violate the
Establishment Clause of the First Amendment.
- Allowing students to form religious clubs on the same basis as other student led clubs is
fair and equal treatment and not an endorsement by the school of a certain religion. The
club deserved the same rights as all other clubs which the school endorsed.

Rationale:
- Judge O'Connor wrote, "There is a crucial difference between government speech
endorsing religion, which the Establishment Clause forbids, and private speech endorsing
religion. Allowing students to meet on campus and discuss religion is constitutional
because it does not amount to 'state sponsorship of a religion.
- The Court found there was no Establishment Clause violation because the Equal Access
Act does not promote or endorse religion, but protects student-initiated and student-led
meetings

Conclusion:
- Questions following this case of faulty sponsorship still prevail, individual educational
leaders need to be mindful not to seclude access to clubs based on religious or political
intentions.
- The Equal Access Act makes it so that federally funded schools which have afterschool
clubs need to give access to all student led clubs or organizations.
- This issue is significant for public school educational leaders as it set a precedent on
decision made to allow access the school grounds for clubs. Although it leaves several
unanswered questions it helps clarify school responsibility in allowing access.