#5 - You can Equally Access my Blog

Toward the end of last school year, I remember seeing specific posters around my school. These posters contained silly sayings or funny pictures to gain student attention. Needless to say, I was suckered in by the bright colors and for once, actually stopped to read a school poster. The poster advertised free food and fun through a club called “The Word.” In smaller print, a list followed. I can’t remember verbatim what the declarations said, but it was something like, “This club is student initiated, student run, and completely separate from Elk Grove High School and School District 214.”

At the time, I did not realize why it was necessary for an after-school club to declare themselves as detached from the school. But this week’s search for a blog topic has given me my answer.

A “lawsuit, filed…in U.S. District Court in Burlington, claims the Middlebury Union High School has violated the federal Equal Access Act and First Amendment by refusing official club status to the Youth Alive Club, while granting it to other groups such as the Gay/Straight Organization, the Arabic Club and the Outing Club” [1].

My initial response to the suit put forth by a female student is of curiosity. How can a school grant access to the Arabic Club but not to a Christian-oriented group? That doesn’t seem fair. This girl’s intention is simple. She wants a space to advertise, a photo in the yearbook, listing in the school’s handbook of clubs, and access to supplies. She is not trying to force anyone into the club nor is she trying to cause harm or a disruption to the day.

Early cases involving high school’s and religious clubs held that in order to separate church and state, schools do not need religious messages in the scholastic environment. However, as time went on, Congress came to understand a different reasoning. “While Congress recognized the constitutional prohibition against government promotion of religion, it believed that nonschool-sponsored student speech, including religious speech, should not be excised from the school environment,” [2]. This realization helped procure the Equal Access Act in 1984.

“Congress’s primary purpose in passing the act, according to the Supreme Court, was to end ‘perceived widespread discrimination’ against religious speech in public schools” [2] and the Equal Access Act has several different concepts. “The first [basic concept] is nondiscrimination…The second basic concept is protection of student-initiated and student-led meetings… The third basic concept is local control” [2]. In simple, this means:

• “If a public secondary school permits student groups to meet for student-initiated activities not directly related to the school curriculum, it is required to treat all such student groups equally.

• The school cannot discriminate against any students conducting such meetings “on the basis of the religious, political, philosophical, or other content of the speech at such meetings.” This language was used to make clear that religious speech was to receive equal treatment, not preferred treatment.

• The act does not limit the authority of the school to maintain order and discipline or to protect the well-being of students and faculty” [2].

It seems like a no-brainer that the Youth Alive Club should be given equal access to the things the other clubs receive. However, for some, it obviously isn’t. When denying the petition, the school’s principal William Lawson said, “’Even assuming…that Youth Alive could be deemed accurately as ‘co-curricular,’ such club status would mean that Youth Alive’s activities would become school sponsored with monetary support and an advisor assigned’” [1]. However, the plaintiff acknowledges the point that the Arabic Club and Outing Club are both co-curricular. Therefore, I cannot seem to understand why Youth Alive would not receive the same benefits.

The student’s attorney is arguing the same idea, “The school has recognized other non-curriculum clubs, and “’the government doesn’t endorse religion merely by allowing it on a neutral basis’” [1].

The Equal Access Act applies only to high schools and “School districts can opt out of the Act by not allowing any non-curriculum clubs” [3].

The answer to this question may vary at each different school district, but I wonder that if the Equal Access Act allows for a faculty member to be present for meetings, does this person get paid for their time? Also, if a club can receive school funding, how much money should these religious clubs get? The answer to this question seemed hazy. No particular source would make a clear cut declaration. However, this too probably varies at different schools. I know that at my school, each club got different amounts of money based on need and involvement, but each club could ask the Student Council for more funding if needed.

“The Word” ended up failing after a few months. However, it had nothing to do with lack of equality from the school when compared to other after school clubs. I believe the students of my high school were not ready for such a group, because it seemed that at my suburban high school it was so much cooler to be a hardcore atheist and an anarchist. But that’s a topic for another time. : D

[1] http://www.firstamendmentcenter.org/news.aspx?id=19224

[2] http://www.firstamendmentcenter.org/rel_liberty/publicschools/topic.aspx?topic=religious_clubs

[3] http://www.religioustolerance.org/equ_acce.htm

OTHER BACKGROUND INFORMATION

http://www.telladf.org/UserDocs/VOComplaint.pdf

http://findarticles.com/p/articles/mi_m1141/is_24_37/ai_73624116

http://www.firstamendmentcenter.org/news.aspx?id=18065

http://www.firstamendmentcenter.org/news.aspx?id=4955