Albany Law Review
Equal Access Act, religious clubs, Mergens
The Equal Access Act, upheld by the Supreme Court in Board of Education v. Mergens, requires public secondary schools to allow access to religiously based student groups on the same basis as other student clubs. Mergens presents many challenges to civil libertarians, who may find their traditional sympathies aligned on both sides of the issue. This article seeks to throw light on some of those issues by reporting on a research project that ascertained the actual effect of the Act on public high schools in Ohio.
Dena S. Davis, Religious Clubs in the Public Schools: What Happened after Mergens?, 64 Albany Law Review 225 (2000)
Permission granted by the Albany Law School Law Review