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The Equal Access Act (EAA) was passed in 1984 to end discrimination against Christian clubs in public school.<ref>20 U.S.C. § 4071.</ref> 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.<ref>''Bd. of Educ. of the Westside Cmty. Sch. v. Mergens'', 496 U.S. 226, 235 (1990) (citing 20 U.S.C. §§ 4071(a),(b))</ref>.
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.
== References ==
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