Q and A about Bible Clubs

What does a Supreme Court decision mean?

A Supreme Court decision has several meanings in our system of government. The one we are concerned with is the decision's effect on our laws as they affect our public high schools. A decision is binding on all lower courts, both federal and state. This means that they must follow the Supreme Court ruling when the facts are similar. There is no appeal from the Supreme Court. When the Supreme Court rules in a case it becomes the law of the land.

What did the Supreme Court say in the Mergens Bible Club Case?

In the Mergens Bible Club case, the Supreme Court ruled that public secondary schools that receive federal funds and allow non-curriculum related clubs to meet on campus must also allow Bible clubs (Bible clubs also includes prayer groups) to meet on campus during non-instructional time. As Justice O'Connor held speaking for the Court in Mergens, "[If a State refused to let religious groups use facilities open to others, then it would demonstrate not neutrality but hostility toward religion." The way that our educational system is set up, almost all public secondary schools receive federal funds. This means that if the school has clubs that are allowed to meet on campus that are not a part of a class that is being taught, or are not directly related to a school class, then the school must allow your Bible club the same privilege. In other words, the school must give the Bible club or prayer group official recognition on campus. If the school allows service type clubs, such as Interact, Zonta, or 4-H, or clubs like a chess club, it must allow Bible clubs.

Can the Bible Club advertise on campus?

Yes! Once the Bible club is officially recognized it must be allowed to use the public address system, the school bulletin boards, the school newspaper, and take part in club fairs. Thus, the students can use any form of media available to the other clubs to get the message to the rest of the school.

Does this mean that students can now start or attend a Bible club in their public school?

Yes! The Supreme Court has opened the door for student initiated Bible clubs. The church cannot enter the school and start an outreach program. Students, however, can now begin their own Christian clubs which have any agenda the students desire. The schools must allow students the freedom to actually start or attend their own meetings on the high school campus where the student attends school.

Did the Supreme Court limit the rights of Bible clubs in any way?

No! The Supreme Court did not limit the rights of Bible clubs in any way. Bible clubs must be treated like any other club in the school with full rights and privileges. The school cannot limit the Bible club in any way. The Bible clubs must be allowed to meet either before school or after school or during a club period with any other clubs. The clubs have a right not only to meet, but also to reach other students with the message that the Bible clubs are meeting.

What about the rights of junior high school students on their campuses?

Junior High School students have the right to pray and have religious discussions on their campus with their peers. They can distribute literature with some restrictions. Junior High School students can wear religious t-shirts to school. In addition, junior high school students are covered by the Guidelines which were issued by the Department of Education and discussed below.
The Eighth Circuit Court of Appeals recently upheld the right of junior high school students to form religious clubs on their campuses, when other groups are also meeting. It should be noted that clubs, such as the Boy Scouts, were permitted to meet on school property after school hours. Finding that age was not necessarily a valid reason for discrimination, the Court stated that "the age of the junior high school students does not create an Establishment Clause violation." The Court of Appeals justified its decision by looking at the private nature of the language involved in student clubs when it stated that "there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect."
Furthermore, the Court found that "nothing in the first amendment postpones the right of religious speech until high school, or draws a line between daylight and evening hours." In the Eighth Circuit, junior high school students have a First Amendment right to use facilities for Bible club meetings when those facilities are being used by other student groups. The court's decision does, however, set out a thoughtful analysis of why junior high school students should not be discriminated against because of their religious beliefs or their age.

What if my local high school refuses to allow students to Have a Bible Club in spite of the EQUAL ACCESS ACT and the Mergens decision?

There are many ways to confront these violations of law. See our Legal Resources Page of information and legal foundation that can assist in these cases. There are informational letters on our sample letters page that can be printed or edited that can help inform school administration of what they can and cannot do in these cases.
Remember, information and humility our always the best first course of action, but we do not believe that the administration should be allowed to violate the law and the rights of the schools students. Decades of erosion of the rights of Christians has led to the society in which we now live. We must stand for the rights of students to hear the message of the Bible and for that same right for future classes.
Some principals may say, "If we allow your group, we will have to allow Satanists, homosexuals, and other objectionable groups . . ." but this isn't supported by the equal access act or the law. If these other groups do have the legal right to meet, it is not affected by a Christian group, but by the fact that ANY club meets.



Q and A about Bible Clubs What does a Supreme Court decision mean? A Supreme Court decision has several meanings in our system of government. The one we are concerned with is the decision's effect on our laws as they affect our public high schools. A decision is binding on all lower courts, both federal and state. This means that they must follow the Supreme Court ruling when the facts are similar. There is no appeal from the Supreme Court. When the Supreme Court rules in a case it becomes the law of the land. What did the Supreme Court say in the Mergens Bible Club Case? In the Mergens Bible Club case, the Supreme Court ruled that public secondary schools that receive federal funds and allow non-curriculum related clubs to meet on campus must also allow Bible clubs (Bible clubs also includes prayer groups) to meet on campus during non-instructional time. As Justice O'Connor held speaking for the Court in Mergens, "[If a State refused to let religious groups use facilities open to others, then it would demonstrate not neutrality but hostility toward religion." The way that our educational system is set up, almost all public secondary schools receive federal funds. This means that if the school has clubs that are allowed to meet on campus that are not a part of a class that is being taught, or are not directly related to a school class, then the school must allow your Bible club the same privilege. In other words, the school must give the Bible club or prayer group official recognition on campus. If the school allows service type clubs, such as Interact, Zonta, or 4-H, or clubs like a chess club, it must allow Bible clubs. Can the Bible Club advertise on campus? Yes! Once the Bible club is officially recognized it must be allowed to use the public address system, the school bulletin boards, the school newspaper, and take part in club fairs. Thus, the students can use any form of media available to the other clubs to get the message to the rest of the school. Does this mean that students can now start or attend a Bible club in their public school? Yes! The Supreme Court has opened the door for student initiated Bible clubs. The church cannot enter the school and start an outreach program. Students, however, can now begin their own Christian clubs which have any agenda the students desire. The schools must allow students the freedom to actually start or attend their own meetings on the high school campus where the student attends school. Did the Supreme Court limit the rights of Bible clubs in any way? No! The Supreme Court did not limit the rights of Bible clubs in any way. Bible clubs must be treated like any other club in the school with full rights and privileges. The school cannot limit the Bible club in any way. The Bible clubs must be allowed to meet either before school or after school or during a club period with any other clubs. The clubs have a right not only to meet, but also to reach other students with the message that the Bible clubs are meeting. What about the rights of junior high school students on their campuses? Junior High School students have the right to pray and have religious discussions on their campus with their peers. They can distribute literature with some restrictions. Junior High School students can wear religious t-shirts to school. In addition, junior high school students are covered by the Guidelines which were issued by the Department of Education and discussed below. The Eighth Circuit Court of Appeals recently upheld the right of junior high school students to form religious clubs on their campuses, when other groups are also meeting. It should be noted that clubs, such as the Boy Scouts, were permitted to meet on school property after school hours. Finding that age was not necessarily a valid reason for discrimination, the Court stated that "the age of the junior high school students does not create an Establishment Clause violation." The Court of Appeals justified its decision by looking at the private nature of the language involved in student clubs when it stated that "there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect." Furthermore, the Court found that "nothing in the first amendment postpones the right of religious speech until high school, or draws a line between daylight and evening hours." In the Eighth Circuit, junior high school students have a First Amendment right to use facilities for Bible club meetings when those facilities are being used by other student groups. The court's decision does, however, set out a thoughtful analysis of why junior high school students should not be discriminated against because of their religious beliefs or their age. *What if my local high school refuses to allow students to Have a Bible Club in spite of the EQUAL ACCESS ACT and the Mergens* decision?** There are many ways to confront these violations of law. See our Legal Resources Page of information and legal foundation that can assist in these cases. There are informational letters on our sample letters page that can be printed or edited that can help inform school administration of what they can and cannot do in these cases. Remember, information and humility our always the best first course of action, but we do not believe that the administration should be allowed to violate the law and the rights of the schools students. Decades of erosion of the rights of Christians has led to the society in which we now live. We must stand for the rights of students to hear the message of the Bible and for that same right for future classes. Some principals may say, "If we allow your group, we will have to allow Satanists, homosexuals, and other objectionable groups . . ." but this isn't supported by the equal access act or the law. If these other groups do have the legal right to meet, it is not affected by a Christian group, but by the fact that ANY club meets.

Q and A about Bible Clubs

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