You Be The Judge
Test your knowledge of the Five Freedoms and see how you match up to the courts...and fellow citizens.
Religious Clubs in Public Schools
Westside High School, a public secondary school that receives federal financial assistance, permits its students to join, on a voluntary basis, a number of recognized groups and clubs, all of which meet after school hours on school premises. One student asked to start a Christian-themed Bible club, but the school denied her request, saying that to allow such a club would violate the Establishment Clause of the First Amendment.
May students form religious clubs at public schools?
Vote Now!
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30%A. NOThe Establishment Clause prohibits public schools from officially endorsing or favoring one religion over another. To allow a Christian Club would signify preferential treatment on the part of the school, and violate the First Amendment’s mandate to “make no law respecting an establishment of religion.”
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31%B. NOPublic school students do not have a First Amendment right to express their religious ideas while at school. They do, however, have the right to share their faith in other non-compulsory venues.
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38%C. YESA public school that allows clubs that aren’t specifically related to the curriculum must also allow religious and political clubs, as long as they are student-initiated and student-led.
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Incorrect
Although the Establishment Clause prohibits public schools from favoring one religion over another, the Free Exercise Clause protects the rights of public school students to practice the religion of their choice (including atheism). Student-led, student-initiated religious clubs are therefore well within the spirit of the First Amendment. -
Incorrect
Although the First Amendment rights of students are not co-extensive with the rights of adults, public school students do have the right to express their religious and political ideas at school — within certain limits. -
Correct!
In Westside v. Mergens (1990), the U.S. Supreme Court ruled that the 1984 Equal Access Act prohibits public schools from discriminating against clubs because of their political or religious viewpoints. If a school opens its facilities to “any non-curriculum related group,” it must open its facilities to all student groups.
Remember — US Supreme Court decisions outline "the law of the land." Lower court decisions do not. Sometimes, this means different lower courts will issue contradicting opinions.
WHAT DO YOU THINK OF THE COURT'S DECISION?
0 responses to Religious Clubs in Public Schools
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A principal in Modesto, California, Jamal Fields is a National Leadership Fellow with the Five Freedoms Project. His ideal school is a place where "kids and adults are on a journey of discovery together. Students, staff and families are actively engaged in the practice of democracy every day. Students engage in important work that is meaningful and productive toward making a better society. And the school is fluid in the content it addresses but consistent in teaching the big ideas of citizenship in a democratic society."
