Westside School District v. Mergens

SCOTUSCase
Litigants=Westside School District v. Mergens
ArgueDate=January 9
ArgueYear=1990
DecideDate=June 4
DecideYear=1990
FullName=Board of Education of the Westside Community Schools, etc., et al., Petitioners v. Bridget C. Mergens, by and through her next friend, Daniel N. Mergens, et al.
USVol=496
USPage=226
Citation=110 S. Ct. 2356; 110 L. Ed. 2d 191; 1990 U.S. LEXIS 2880; 58 U.S.L.W. 4720
Prior=On writ of certiorari to the United States Court of Appeals for the Eighth Circuit.
Subsequent=
Holding=School districts may not prohibit Bible study groups from meeting on school premises if they allow other groups to meet on school premises.
SCOTUS=1988-1990
Majority=O'Connor (parts I, II-A, II-B, II-C)
JoinMajority=Rehnquist, White, Blackmun, Scalia, Kennedy
Concurrence=O'Connor (part III)
JoinConcurrence=Rehnquist, White, Blackmun
Concurrence2=Kennedy
JoinConcurrence2=Scalia
Concurrence3=Marshall
JoinConcurrence3=Brennan
Dissent=Stevens
LawsApplied=Equal Access Act; Establishment Clause

"Westside School District v. Mergens", 496 U.S. 226 (1990), was a case involving a school district's ability to hold classes on Bible study after school.

Background

Westside High School, in District 66, located in Omaha Nebraska, refused to let a group of students wishing to form a Christian Bible Study Club within their school. Bridget Mergens is the name of the student who initiated the process to start the club. She was a senior at the time. It was decided that the club could not take place because they would not allow a staff member to sponsor it (staff sponsoring was required or the club meetings could not take place at the school). The students argued that the district's decision was in violation of the Equal Access Act requiring that groups seeking to express “religious, political, philosophical, or other content” messages not be denied the ability to form clubs.

Decision

In an 8-1 decision [ [http://laws.findlaw.com/us/496/226.html Westside Community Schools v. Mergens, "496 U.S. 226" (1990)] ] the Supreme Court held that the club could hold their meetings, however their sponsor could not be paid; this would truly be an endorsement of religion.

:The school's situation was placed under the Equal Access Act because it allowed other ‘limited open forums’. The Lemon Test is used to ensure that the Equal Access Act is constitutional.

ee also

* List of United States Supreme Court cases, volume 496

References