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Sorry;
I missed the question here.
The
exceptions and provisos to the Equal Access Act are badly drafted -- 5 clauses
that should be parallel but in fact are radically nonparallel -- so
interpretation is sometimes difficult. But the Equal Access Act provision
that religious groups cannot have an outside sponsor is pretty clearly a
limitation on the rights created by the Equal Access Act. It does not
purport to be, and could not validly be, a limitation on First Amendment
rights.
Probably a school need not permit any group to have outside sponsors. But
if it permits some groups to have outside sponsors, the First Amendment
apparently guarantees equal treatment for religious groups.
This
does not address the other problem, which in my view is much more difficult --
that a teacher can sponsor the chess club but cannot sponsor the religion
club.
Shameless plug for
aging work: I work through these issues in perhaps excruciating
detail in Equal Access and Moments of Silence, 81 Nw. U. L. Rev. 1
(1986).
Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX 78705
512-232-1341 (phone)
512-471-6988 (fax)
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Tuesday, November 08, 2005 5:56 AM To: religionlaw@lists.ucla.edu Subject: Re: FYI: An Interesting "See You at the Pole" Case In a message dated 11/7/2005 11:56:33 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
Well, they can't have an outside leader under the Equal Access Act. But after Good News Club v. Milford Central School, they can have an outside leader under the First Amendment if other clubs are permitted to have outside leaders. GNC v. MCS was an after hours use of facilities case, not relying on a
right of access under the Equal Access Act. The EAA, of course, is a
Spending Clause statute. How do you see the First Amendment principles in
GNC impacting the restrictions on associational freedoms imposed by the
EAA?
Jim Henderson
Senior Counsel
ACLJ
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