westside community schools vs mergens oyez

Pp.

High school students may be adult enough to distinguish between those organizations that are sponsored by the school and those which lack school sponsorship even though they participate in a forum that the school does sponsor. 459 We consider Establishment Clause questions under the three-part analysis set forth in Lemon v. Kurtzman, 403 U.S. 602, 612-613 (1971): First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion, . DRAMATICS -- This activity is an extension of a regular academic class. Still odder is the Court's own use of Senator Levin. [n19] It is nevertheless appropriate to point out that the question is much more difficult than the Court assumes. But no constitutional violation occurs if the school's action is based upon a recognition of the fact that membership in a religious club is one of many permissible ways for a student to further his or her own personal enrichment. [496 Approximately one hundred junior and senior girls are involved in this volunteer organization. App. U.S. 226, 239]

See id. Members are elected from each class to represent the student body. A brief initial comment on the statutory issue is in order. [n23] That Congress has such authority, however, does not mean that the concerns underlying the Establishment Clause are irrelevant when, and if, that authority is exercised. §§ 4071-4074, prohibits Westside High School from denying a student religious group permission to meet on school premises during noninstructional time, and if so, whether the Act, so construed, violates the Establishment Clause of the First Amendment.

. OF ED. (a) The Act provides, among other things, that a "limited open forum" exists whenever a covered school "grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises." First, the Act itself neither uses the phrase "limited public forum" nor so much as hints that that doctrine is somehow "incorporated" into the words of the statute. The plurality's Establishment Clause analysis pays inadequate attention to the differences between this case and Widmar and dismisses too lightly the distinctive pressures created by Westside's highly structured environment. All of this is common ground, shared by the parties and by every Court of Appeals to have construed the Act.

457 the act of promoting, leading, or participating in a meeting. The plurality's Establishment Clause analysis pays inadequate attention to the differences between this case and Widmar, and dismisses too lightly the distinctive pressures created by Westside's highly structured environment. We therefore conclude that Westside permits "one or more noncurriculum related student groups to meet on school premises during noninstructional time," 4071(b). U.S. 226, 282] [n5][p275], Nor would it be wise to ignore this difference. In these circumstances, Westside's failure to disassociate itself from the activities and goals of the Christian Club poses a real danger that it will be viewed by students as endorsing religious activity.

The opinion of the Court states that "[i]f the meetings are religious, employees or agents of the school or government may attend only in a `nonparticipatory capacity.'" I agree with the majority that "noncurriculum" must be construed broadly to "prohibit schools from discriminating on the basis of the content of a student group's speech." Meetings are held periodically during the school year. Establishment Clause, 2014, Retrieved From: http://www.law.cornell.edu/wex/establishment_clause, Bridget Mergens and a group of other students attending Westside High School wanted to start a Christian club at their school that would have the same benefits as any other non religious group taking place on the school property. Footnote 14 For example, the Court believes that Westside's swim team is "directly related" to the curriculum, but the scuba diving club is not. There is no written school board policy concerning the formation of student clubs. In light of this admission and similar statements, it is astonishing that the United States asks us to believe that Congress, by using the phrase "noncurriculum related," intended to reject Widmar's definition of an "open forum" in favor of a definition that would be "highly specific" and less confusing. The seasons when these are offered and the procedures for getting involved can be found in the Warrior Bulletin that is published and distributed in August, prior to the opening of school. Not only is the Court's preferred construction subject to manipulation, but it also is exceptionally difficult to apply even in the absence of deliberate evasion. Healthy City School Dist. 25 any students who wish to conduct a meeting within [the school's] limited open forum" on the basis of the religious content of the speech at such meetings, 4071(a), we hold that Westside's denial of respondents' request to form a Christian club denies them "equal access" under the Act.  

The dissent appears to agree with our view that the legislative history of the Act, even if relevant, is highly unreliable, see, e. g., post, at 274-275, n. 5, and 281-282, n. 15, yet the interpretation it suggests rests solely on a few passing, general references by legislators to our decision in Widmar, see post, at 274, and n. 4. , and n. 1 (1986) (STEVENS, J., dissenting). 374 71, 333 U.S. 203, 231 (1948) (Frankfurter, J., concurring). 130 Cong. 23, 36 (1989) (stressing distinction between "cases . Thus, even if a public secondary school allows only one "noncurriculum related student group" to meet, the Act's obligations are triggered and the school may not deny other clubs, on the basis of the content of their speech, equal access to meet on school premises during noninstructional time. 15 The forum established by the state university accommodated participating groups that were "noncurriculum related" not only because they did not mirror the school's classroom instruction, but also because they advocated (1985), or if its "primary purpose was to . U.S., at 271 472 The Court of Appeals held that the District Court erred in concluding that all the existing student clubs at Westside were curriculum-related. Assn. U.S. 503 defined by the school. Id., at 706-707. Indeed, as applied in the present case, the Act mandates a religious group's access to a forum that is dedicated to promoting fundamental values and citizenship as [p263] defined by the school. any way with the aims, policies, programs, products, or opinions of any organization or its members,'" He correctly concluded that this club system "differs dramatically from those found to create an open forum policy in Widmar and Bender." the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes."

See n. 4, supra. U.S. 226, 240] See id. basis of whether a group presented a one-sided view of controversial subjects. The Act does not authorize school authorities to require, or even to encourage, students to become members of a religious club or to attend a club's meetings, see §§ 4071(c), (d), 4072(2); the meetings take place while school is not in session, see §§ 4071(b), 4072(4); and the Act does not compel any school employee to participate in, or to attend, a club's meetings or activities, see §§ 4071(c), (d)(4). Supp., at 705. Although this does not apply to all high schools, the situation needed to be brought to the public. Ante, at 236 (quoting 20 U.S.C. Ante at 235. (1981). To define "curriculum related" in a way that results in almost no schools having limited open fora, or in a way that permits schools to evade the Act by strategically describing existing student groups, would render the Act merely hortatory.

. Community School Dist. All of this is common ground, shared by the parties and by every Court of Appeals to have construed the Act.

In this respect, at least, this case resembles Hazelwood School Dist.

Official recognition allows student clubs to be part of the student activities program and carries with it access to the school newspaper, bulletin boards, the public address system, and the annual Club Fair.

U.S. 226, 247] This club meets periodically throughout the year and publishes the students' work. Footnote 10 See also id. At the same time, the administration could arbitrarily deny access to school facilities to any unfavored student club on the basis of its speech content. See id., at 272, n. 11 ("[T]he University would risk greater `entanglement' by attempting to enforce its exclusion of `religious worship' and `religious speech'"). [496 The arguing took place on January 9th, 1990. 12. 130 Cong.Rec.

Membership in this activity is offered to those students involved in D. E. The club for the current year is formulated at the beginning of school each fall.

This inquiry, of course, must be undertaken with sensitivity to the special circumstances that exist in a secondary school where the line between voluntary and

21. public," -210 (1948) (release time program invalid where students were "released in part from their legal duty [to attend school] upon the condition that they attend the religious classes"). The bill's supporters admitted that its language was murky, but suggested that something was better than nothing. Membership in Quill and Scroll is an extension of a student's involvement in school publications. Selection for these squads is made in the spring of each school year. , n. 11. Second, the majority is surely correct that a "‘limited open forum should be triggered by what a school does, not by what it says.'" Id. (1987) (characterizing as "proper" the statutory "purpose of lifting a regulation that burdens the exercise of religion," even if the resulting exemption does not "come packaged with benefits to secular entities").

Although our definition of "noncurriculum related student activities" looks to a school's actual practice, rather than its stated policy, we note that our conclusion is also supported by the school's own description of its student activities. See 130 Cong.Rec.



[ 4071(c)(3)).

Here, in contrast, Westside currently does not recognize any student group that advocates a controversial viewpoint and explicitly promotes its student clubs as a vital part of its total educational program and as a means of developing citizenship, shaping character, and inculcating fundamental values.

Justice MARSHALL, joined by Justice BRENNAN, although agreeing that the Act as applied to Westside could withstand Establishment [p229] Clause scrutiny, concluded that the inclusion of the Christian Club in the type of forum presently established at the school, without more, will not assure government neutrality toward religion. In addition, to the extent that Congress intended the Act to track this Court's free speech jurisprudence, as the dissent argues, post at 279, n. 9, the majority's construction is faithful to our commitment to nondiscriminatory access to open fora in public schools. I see no reason -- and no evidence of congressional intent -- to constrain that discretion any more narrowly than our holding in Widmar requires. 494 Stewart, The First Amendment, The Public Schools, and the Inculcation of Community Values, 18 J.Law & Ed. Second, the Act expressly does not limit a school's authority to prohibit meetings that would "materially and substantially interfere with the orderly conduct of educational activities within the school."   INTRAMURALS - Are offered to Westside students these following times. § 2403 to defend the constitutionality of the Act.

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