Summary
West Side vs. Mergens case evolved when a group of students were turned away
from creating a bible club because it was considered unconstitutional. The
school district decided not to allow them because there werent funding enough
and it was not considered an extracurricular class and/or activity. Because of
this students decided to sue the school and expressed that they are violating
their right to freedom of religion.
Definitions
First Amendment:
Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise thereof; or
abridging the freedom of speech, or of
the press; or the right of the people
peaceably to assemble, and to petition
the government for a redress of
grievances.
Establishment Clause:
prohibits the government from making
any law respecting an establishment of
religion. This clause not only forbids the
government from establishing an official
religion, but also prohibits government
actions that unduly favor one religion
over another. It also prohibits the
government from unduly preferring
religion over non-religion, or non-religion
over religion.
Violates the first amendment so because of this it makes the school seem as if it promoting only one religion
and not others.
Mergens was whether the Equal Access Act had the primary effect of promoting religion so was in violation
of the Establishment Cause.
Mergens Opinion
Students made the argument that the school was violating the Equal Access Act which
granted equal access to express religious, political, philosophical or other content
The equal access act also forbids schools from discriminating against clubs or denying
them equal access to school facilities because of their philosophical or religious
viewpoints
If schools allow for a chess club or LGBT club to exist then they should allow a bible club to
exist. These other clubs are also non extracurricular.
Our Opinion
Bianca:
Ana:
Thank you