Legal Stuff

The United States Congress passed the Equal Access Act which guaranteed the students' Constitutional right to have "Religious" or Christian clubs on their public secondary school campuses. It was then signed into law by President Ronald Reagan.

In June of 1990, the United States Supreme Court upheld the Equal Access Act in a landmark decision handed down in Board of Education of Westside Community Schools vs. Mergens, (496 U.S. 226). This provided a vehicle for students to come together and meet at school, using the school facilities just like everyone else.

According to the American Center for Law and Justice, "the Supreme Court ruled that public secondary schools which recieve federal funds and allow non-curriculum related clubs to meet on campus must also allow 'religious clubs' (that is, Bible clubs, Prayer clubs, or any club involving religious speech) to meet on campus during non-instructional time. . . . In other words, the school must give the religious club official recognition on campus. If the school allows service clubs, such as Interact, BETA, 4-H, or clubs like a chess club, it must allow religious clubs. This is what a is meant by equal access". 

What about "separation of church and state"?

No where does the Constitution of the United States use the phrase "separation of church and state"! Neither is it in the Bill of Rights. The first time that the phrase is used is in a letter to the Danbury Baptist Association by Thomas Jefferson 14 years after the adoption of the Bill of Rights. The only governmental document to provide
such a guarantee is the constitution of the former Union of Soviet Socialist Republics (USSR).

What the First Amendment to the Constitution does say about religion is this: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof . . ." In other words, the Federal Government is forbidden, by the
First Amendment, from establishing or creating an official national religion. The government is also forbidden from passing any law which restricts, in any way, your right to practice your religion anytime, anyplace and anyway that you see fit.

Student Bill of Rights

Equal Access Act

For more information regarding legal issues you may also want to connect to:

The Anti-Defamation League
The Christian Legal Society
The Rutherford Institute
Christian Law Associates



FIRST PRIORITY TRI-STATES    P.O. BOX 416    HARROGATE, TN 37752    888.704.7214
Copyright First Priority Tri-States 2007 All Rights Reserved