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  1. #1
    Join Date
    Mar 2020
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    Default Religious Club in Public School

    My question involves civil rights in the State of: Maine
    Hi, so I'm in a public high school and I'm part of a religious group. The school is only allowing us to meet after school. They do let other groups meet during the school day but I think the two I know of aren't student-led groups, mine is. Is this legal? Is there any case to allow us to meet during the day during study hall when I know at least two other groups are? I was thinking of the equal access clause but I don't know if that applies. If it helps to know if the groups during the day are student led or not I can try and find out.
    Thanks

  2. #2
    Join Date
    Dec 2009
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    Lake Chapala
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    Default Re: Religious Club in Public School

    Are the other two groups religious groups as well? Our responses will depend on the answer to this question (among other things).

  3. #3
    Join Date
    Oct 2016
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    Default Re: Religious Club in Public School

    If all student-led clubs are required to meet after school it is legal.

    The school/staff-led groups (that I assume have nothing to do with religion) are completely different.

  4. #4
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    Nov 2013
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    Default Re: Religious Club in Public School

    Quote Quoting PayrolGuy
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    If all student-led clubs are required to meet after school it is legal.

    The school/staff-led groups (that I assume have nothing to do with religion) are completely different.
    Why?

  5. #5
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    Oct 2016
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    Default Re: Religious Club in Public School

    Quote Quoting budwad
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    Why?
    Why, what?

  6. #6
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    Default Re: Religious Club in Public School

    Quote Quoting PayrolGuy
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    If all student-led clubs are required to meet after school it is legal.

    The school/staff-led groups (that I assume have nothing to do with religion) are completely different.
    Why are they completely different? What distinction are you trying to make? Student lead clubs usually have faculty advisors.

  7. #7
    Join Date
    Oct 2016
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    Default Re: Religious Club in Public School

    They are different simply because they are organized by the state, in this case, the school itself. The fact that all clubs may have a faculty advisor doesn't come into play.

    A school is well within its' right to say school-sponsored clubs can meet during school hours and others aren't.

  8. #8
    Join Date
    Oct 2014
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    8,238

    Default Re: Religious Club in Public School

    Quote Quoting Peregrine
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    My question involves civil rights in the State of: Maine
    I was thinking of the equal access clause but I don't know if that applies.

    There is no "equal access clause" in the federal Constitution but there is an equal protection clause. The federal courts have held that equal protection means that the government must generally treat similarly situated persons/groups the same and that the government must have a rational basis for making distinctions between most persons/groups, though a higher standard is applied if the distinction made is based on race, sex, religion, or sexual orientation. Furthermore, the First Amendment to the Constitution requires, among other things, that the government not give preference to one religion over another and that the government not interfere with a person's religious practices unless there is a compelling government interest at stake.

    A public school does not have to allow religious activities on its grounds. The First Amendment does not require that the government provide space or facilities for religious activity. But if the school allows persons of one religion to conduct religious activities on its grounds it must afford that same right to persons of other religions who wish to conduct religious activity there.

    So the details of your school's policies on this, including why the school will not allow you to meet during school hours, matters. Does the school have a written policy on this? If so, what does that policy say? It also matters what the details are of the groups that are allowed to meet during school hours. What kind of groups are they? If they are religious groups that may be a difficult problem for the school to say you can't do the same thing. If they aren't religious groups then the school is likely on firmer ground to deny your group time to meet during school hours. You also mentioned the possibility that the groups meeting during school hours are faculty led rather than student led groups. That too would be important as that would give the school a rational basis for making the decision it did. Other differences between your group and the other groups may be significant, too.

  9. #9
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: Religious Club in Public School

    Many schools have now prohibited ALL non-academic groups from utilizing school facilities so as to avoid the issue of discrimination altogether. In general, if they allow one organization or club to meet they may have to allow all to meet. To avoid this, they often prohibit anything not school-related.

  10. #10
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Religious Club in Public School

    TM, I think he is referring to the federal Equal Access Act.

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