## Facts

- Westside High School, a federally funded public secondary school in Omaha, Nebraska, allowed multiple student clubs to meet on school premises during noninstructional time.
- Bridget Mergens and other students sought permission to form a student Christian club with the same meeting privileges as other student groups; the club would not be faculty-led.
- School officials denied recognition, relying on a policy requiring faculty sponsorship and citing Establishment Clause concerns.
- The students sued for declaratory and injunctive relief, alleging the denial violated the Equal Access Act (EAA) by denying equal access based on the religious content of their speech.
- The district court ruled for the school board.
- The Eighth Circuit reversed, concluding the school had created a “limited open forum” under the EAA and that applying the EAA did not violate the Establishment Clause.

## Issues

1. Whether Westside High School maintained a “limited open forum” under the Equal Access Act and, if so, whether denying recognition to the Christian club was prohibited content-based discrimination.
2. Whether applying the Equal Access Act to require equal access for the Christian club violated the Establishment Clause.

## Decision

- The Supreme Court affirmed the Eighth Circuit in an 8–1 decision.
- The Court held that Westside maintained a “limited open forum” because it allowed at least one noncurriculum related student group to meet during noninstructional time.
- The Court held that the proposed Christian club was a noncurriculum related student group and that denial of recognition based on its religious content violated the EAA.
- The Court held that requiring equal access for the club under the EAA did not violate the Establishment Clause.

## Legal Principles

- A public secondary school receiving federal funds creates a “limited open forum” under the EAA when it allows one or more noncurriculum related student groups to meet on school premises during noninstructional time.
- “Noncurriculum related student group” means a student group that does not directly relate to the body of courses offered by the school.
- Once a limited open forum exists, the EAA prohibits denying equal access to student groups based on the “religious, political, philosophical, or other content” of the group’s speech.
- Equal access for student religious clubs in a neutral, open forum generally has a secular purpose (preventing content discrimination), does not have the primary effect of advancing religion when participation is student-initiated and voluntary, and does not require excessive entanglement when the school does not direct or sponsor religious activity.

## Conclusion

The Court held that a federally funded public high school that permits noncurriculum related student groups to meet must provide the same access to a student religious club and that compliance with the Equal Access Act, under neutral conditions, is consistent with the Establishment Clause.


Bd. of Educ. of Westside Cmty. Sch. v. Mergens, 496 U.S. 226 (1990)