Equal Access Act
The Equal Access Act (EAA) was passed in 1984 to end discrimination against Christian clubs in public school. It is now used by homosexual activists to force school boards to allow pro-gay clubs in school.
The EAA prohibits public secondary schools with a "limited open forum" from discriminating against clubs on the basis of political, religious, philosophical, or other content of the speech.
As explained by Straights & Gays for Equality v. Osseo Area Schs., 471 F.3d 908, 911 (8th Cir. 2006) (citations omitted):
- A public secondary school creates a "limited open forum" whenever it "'grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises during noninstructional time.'" Thus, a school's obligations under the EAA are "triggered" even if the school only permits one noncurriculum group to meet. Once triggered the EAA forbids a school from prohibiting other groups, based on the content of their speech, from having "equal access" to meet on school premises.
- 20 U.S.C. § 4071.
- Bd. of Educ. of the Westside Cmty. Sch. v. Mergens, 496 U.S. 226, 235 (1990) (citing 20 U.S.C. §§ 4071(a),(b))