Bd. of Educ. of the Westside Cmty. Sch. v. Mergens

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In Bd. of Educ. of the Westside Cmty. Sch. v. Mergens, 496 U.S. 226, 235 (1990), the U.S. Supreme Court interpreted the Equal Access Act, 20 U.S.C. ยงยง 4071(a),(b)), to prohibit discrimination in secondary public school clubs on the basis of the content of speech if there is a "limited open forum." In other words, schools that allow some clubs must then permit all clubs regardless of political, religious or philosophical purpose.

This interpretation has forced public schools to allow homosexual clubs.

External Links

  • Case at FindLaw (registration may be required)
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