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Constitutional Law Keyed to Choper
Board of Educ. v. Mergens
Citation:
496 U.S. 226 (1990)Facts
Westside High School in Omaha, Nebraska permitted students to join various extracurricular clubs that met after school hours on school premises. In January 1985, Bridget Mergens requested permission to form a Christian club at the school. The proposed club would have the same privileges as other student groups, except it would not have a faculty sponsor. According to the students, the club’s purpose would be to read and discuss the Bible, have fellowship, and pray together. Membership would be voluntary and open to all students regardless of religious affiliation. School officials denied the request, explaining that school policy required all student clubs to have a faculty sponsor, which the religious club could not have, and that a religious club would violate the Establishment Clause. Mergens and other students filed suit, alleging violations of the Equal Access Act and their First Amendment rights. The school maintained approximately 30 student clubs, including a chess club, scuba diving club, and various service and honorary organizations. The school argued that all of these clubs were curriculum-related and therefore did not trigger the Equal Access Act’s requirements.
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