Long title | Denial of equal access prohibited |
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Enacted by | the 98th United States Congress |
Effective | August 11, 1984 |
Citations | |
Public law | 20 U.S.C. § 4071 |
Codification | |
Titles amended | 20 |
U.S.C. sections created | 4071 |
Legislative history | |
| |
United States Supreme Court cases | |
Westside Community Board of Education v. Mergens , 496 U.S. 226 (1990) |
The Equal Access Act is a United States federal law passed as Title VIII of the Education for Economic Security Act in 1984 to compel federally funded public secondary schools to provide equal access to extracurricular student clubs. Lobbied for by Christian groups who wanted to ensure students the right to conduct Bible study programs during lunch and after school, it is also essential in litigation regarding the right of students to form gay–straight alliances; [1] and to form groups focused on any religion or on secularism. [2] The Equal Access Act mandates public schools provide equal access to extracurricular school clubs.
The Act provides that if a school receives federal aid and has a "limited open forum," or at least one student-led non-curriculum club that meets outside of class time, it must allow additional such clubs to be organized, and must give them equal access to meeting spaces and school publications. Exceptions can be made for groups that "materially and substantially interfere with the orderly conduct of educational activities within the school," and a school can technically "opt out" of the act by prohibiting all non-curriculum clubs. [3]
It was ruled constitutional by the Supreme Court in 1990 in the case Westside Community Schools v. Mergens , and the school was ordered to allow a student Christian group to meet. [3]
At the college level, controversy arose over whether a university should pay for a publication by a religious student organization. The court ruled in Rosenberger v. Rector and Visitors of the University of Virginia that if the university pays for other student organization publications, it must also pay for religious organization publications.
The Equal Access Act has also been used to fight opposition to gay-straight alliances in high schools across the nation. [4] Administration in high schools who have opposed the formation of gay-straight alliances, and formally denied their organizers privileges and the right to assemble, found themselves being sued and caught in legal disputes. The State Supreme Courts have always ruled in favor of the gay-straight alliance, stating that the particular school must either allow the gay-straight alliance, or ban all non-curriculum groups from assembling on school property.
The Act requires that if a school permits any religious student group, then it must allow groups focused on any religion or on irreligion. This has been applied to stop schools from blocking Muslim, Jewish, Sikh, and other religious groups as well as Christian ones. [5] The Secular Student Alliance and other secular groups have invoked the Act to stop public high schools from blocking students organizing secular student groups. [2] [6]
The First Amendment to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles did not pass, so the article on disestablishment and free speech ended up being first.
In secular usage, religious education is the teaching of a particular religion and its varied aspects: its beliefs, doctrines, rituals, customs, rites, and personal roles. In Western and secular culture, religious education implies a type of education which is largely separate from academia, and which (generally) regards religious belief as a fundamental tenet and operating modality, as well as a prerequisite for attendance.
A gay–straight alliance, gender–sexuality alliance (GSA) or queer–straight alliance (QSA) is a student-led or community-based organization, found in middle schools, high schools, colleges, and universities. These are primarily in the United States and Canada. Gay–straight alliance is intended to provide a safe and supportive environment for lesbian, gay, bisexual, transgender, and all LGBTQ+ individuals, children, teenagers, and youth as well as their cisgender heterosexual allies. The first GSAs were established in the 1980s. Scientific studies show that GSAs have positive academic, health, and social impacts on schoolchildren of a minority sexual orientation and/or gender identity. Numerous judicial decisions in United States federal and state court jurisdictions have upheld the establishment of GSAs in schools, and the right to use that name for them.
Liberty Counsel is a 501(c)(3) Christian ministry that engages in strategic litigation to promote evangelical Christian values. Liberty Counsel was founded in 1989 by its chairman Mathew Staver and its president Anita L. Staver, who are attorneys and married to each other. The Southern Poverty Law Center has listed Liberty Counsel as an anti-LGBT hate group, a designation the group has disputed. The group is a Christian ministry.
The Secular Coalition for America is an advocacy group located in Washington D.C. It describes itself as "protecting the equal rights of nonreligious Americans."
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Religious education is the term given to education concerned with religion. It may refer to education provided by a church or religious organization, for instruction in doctrine and faith, or for education in various aspects of religion, but without explicitly religious or moral aims, e.g. in a school or college. The term is often known as religious studies.
Westside High School is the only high school of the Westside Community Schools district of Omaha, Nebraska, United States.
Good News Club v. Milford Central School, 533 U.S. 98 (2001), was a decision of the U.S. Supreme Court written by Clarence Thomas holding that a public school's exclusion of a club from its limited public forum based solely on the club's religious nature was impermissible viewpoint discrimination.
The Mouvement laïque québécois (MLQ) is a non-profit organisation whose goal is to defend and promote freedom of conscience, separation of church and state, and secularisation of public institutions in Quebec. It was founded in 1981, developing broader goals from an association devoted primarily to the secularisation of public school curriculum in Quebec.
The Constitution of Burkina Faso provides freedom of religion, and the Government respects this right in practice. Government policy contributes to the generally free practice of religion. There were no reports of societal abuses or discrimination based on religious belief or practice; however, at times community members forced older women falsely accused of being witches to flee their villages.
The Constitution of Bangladesh includes secularism as one of the four fundamental principles, despite having Islam as the state religion by 2A. Islam is referred to twice in the introduction and Part I of the constitution and the document begins with the Islamic phrase Basmala which in English is translated as “In the name of Allah, the Beneficent, the Merciful” and article (2A) declares that :"Islam is the state religion of the republic". Bangladesh is mostly governed by secular laws, set up during the times when the region was ruled by the British Crown.
The Bhutanese Constitution of 2008 and previous law provide for freedom of religion in Bhutan; however, the government has limited non-Buddhist missionary activity, barring non-Buddhist missionaries from entering the country, limiting construction of non-Buddhist religious buildings, and restricting the celebration of some non-Buddhist religious festivals.
The Pacific Justice Institute (PJI) is a conservative legal defense organization based in California. The group, founded by attorney Brad W. Dacus, describes itself as focusing on representation relating to "...religious freedom, parental rights, and other civil liberties." PJI was declared an anti-LGBT hate group in 2014 by the Southern Poverty Law Center due to the group's long history of anti-LGBT rhetoric through its founder. The group also represents workers opposed to their employers' vaccine mandates.
Historically speaking, lesbian, gay, bisexual, and transgender (LGBTQ) people have not been given equal treatment and rights by both governmental actions and society's general opinion. Much of the intolerance for LGBT individuals come from lack of education around the LGBT community, and contributes to the stigma that results in same-sex marriage being legal in few countries (31) and persistence of discrimination, such as in the workplace.
The secular movement refers to a social and political trend in the United States, beginning in the early years of the 20th century, with the founding of the American Association for the Advancement of Atheism in 1925 and the American Humanist Association in 1941, in which atheists, agnostics, secular humanists, freethinkers, and other nonreligious and nontheistic Americans have grown in both numbers and visibility. There has been a sharp increase in the number of Americans who identify as religiously unaffiliated, from under 10 percent in the 1990s to 20 percent in 2013. The trend is especially pronounced among young people, with about one in three Americans younger than 30 identifying as religiously unaffiliated, a figure that has nearly tripled since the 1990s.
The status of religious freedom in Africa varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
The status of religious freedom in North America varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
Widmar v. Vincent, 454 U.S. 263 (1981), held that when the U.S. government provides an "open forum," it may not discriminate against speech that takes place within that forum on the basis of the viewpoint it expresses—in this case, against religious speech engaged in by an evangelical Christian organization.
The federal government of the United States has limited authority to act on education, and education policy serves to support the education systems of state and local governments through funding and regulation of elementary, secondary, and post-secondary education. The Department of Education serves as the primary government organization responsible for enacting federal education policy in the United States.