BOARD OF EDUCATION OF THE WESTSIDE COMMUNITY SCHOOLS (DIST. 66) ET AL.
v.
MERGENS, BY AND THROUGH HER NEXT FRIEND, MERGENS, ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued January 9, 1990
Decided June 4, 1990
Attorney(s) appearing for the Case
Allen E. Daubman argued the cause for petitioners. With him on the briefs were Verne Moore, Jr., Marc D. Stern, and Amy Adelson.
Jay Alan Sekulow argued the cause for private respondents. With him on the brief were Douglas W. Davis, Robert K. Skolrood, Douglas Veith, and Charles E. Rice. Solicitor General Starr argued the cause for the United States. With him on the brief were Acting Assistant Attorney General Schiffer, Deputy Solicitor General Roberts, and Anthony J. Steinmeyer.*
Briefs of amici curiae urging affirmance were filed for the Baptist Joint Committee on Public Affairs et al. by Douglas Laycock, Samuel E. Ericsson, Forest D. Montgomery, Oliver S. Thomas, J. Brent Walker, and Wilford W. Kirton, Jr.; for the Catholic League for Religious and Civil Rights by Nancy J. Gannon; for Concerned Women for America by Jordan W. Lorence, Cimron Campbell, and Wendell R. Bird; for Christian Advocates Serving Evangelism by Wendell R. Bird; for the Knights of Columbus by Kevin T. Baine and Kevin J. Hasson; for the Rutherford Institute et al. by John W. Whitehead; for the Southern Center for Law & Ethics by Albert L. Jordan; for the United States Catholic Conference by Mark E. Chopko and John A. Liekweg; for Tara Lynn Burr et al. by Michael W. McConnell, Robert Hale, Michael J. Woodruff, Kimberlee W. Colby, Edward McGlynn Gaffney, Jr., Thomas C. Hill, Robert J. Cynkar, and David L. White; for Richard Collin Mangrum, pro se; and for Dr. David Moshman by Andrew J. Ekonomou.
Briefs of amici curiae were filed for the Campus Crusade for Christ, Inc., by Robert R. Thompson; and for Specialty Research Associates, Inc., by Thomas Patrick Monaghan.
Supreme Court of United States.
JUSTICE O'CONNOR delivered the opinion of the Court, except as to Part III.
This case requires us to decide whether the Equal Access Act, 98 Stat. 1302, 20 U. S. C. § 4071-4074, prohibits Westside High School from denying a student religious group permission to meet on school premises during noninstructional time, and if so, whether the Act, so construed, violates the Establishment Clause of the First Amendment.
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