Westside Community School v. Mergens

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Westside Community School v. Mergens

What Was The Decision ?

Majority: (Sandra Day O’Connor)The majority of the people voted that the Westside High School students should have additional clubs to their school. Mainly to let students counteract with any religious belief or a possible message. “...Westside students are free to initiate and organize additional students clubs...” Dissent: (John Paul Stevens)John stated that “...that if you sponsor a chess club, a scuba club, or a French club -- without having formal classes in those subjects -- you must also open your doors to every religious, political, or social organization no matter how controversial or distasteful its views may be...” Which means that every high school in the nation stating would have to have the additional clubs and the Congress is not going to do that to add a extra problem upon themselves.

- William J. Brennan, - Jr. Byron White- Thurgood Marshall  - Harry Blackmun- John P. Stevens  - Sandra Day O'Connor- Antonin Scalia  - Anthony Kennedy

In An 8-1 Decision The Supreme Court Held That The Club Could Held Their Meetings, However Their Sponsor Could Not Be Paid: Because This Would Truly Be An Endorsement Of Religion. The School’s Situation Was Placed Under The Equal Access Act Because It Allowed Other ‘Limited Open Forums’.

As Ruston High School students soon to be alumni of this wonderful school. This school gives an equal opportunity policy of non discrimination in employment qualified students, applicants, or employees from any course or activity because of age, race, creed, color, sex, religion, national origin, or qualified handicap. All students have equal rights.

Who : Westside Community Schools V. Mergens What : An after school program case requiring a Christian Bible StudyWhen : Jan 9, 1990 - June 4, 1990Where : Omaha, Nebraska Why : A Westside High School student Bridget Mergens makes a complaint that she wants access to a Christian Club within her school

Board of Education of Westside Community v. Mergens, 496 U.S. 226 (1990)

Supreme Court - In Nebraska the Supreme court has the power to listen to appeals and give policy-making skill for its state judicial system. It also hears cases that associates with death penalty.District Courts - They essentially discover fairness cases, civil cases involving more than $50,000 and felony criminal cases. Appointment Of Judges - When a Judge quite, resign, or decease the position downgrade to the judicial nominating delegation. Court Of Appeals - In Nebraska the court of appeals was created on September 6, 1991. It has six judges from the governor that, to be one of those six judges you have to be nominated and there is a Chief Judge that is nominates from one of those six judges and that chief judge has to serve a 2 year renewable term.

Justice O’Connor delivered the opinion of the court with respect to Parts 1, 2A, 2B, and 2C concluding the petitioners violated The Equal Access Act by denying official recognition to respondents’ proposed club. Pp. (234-247). Justice O’Connor, joined by The Chief Justice, Justice White, and Justice Blackmun, concluded in Part3 that the Equal Access Act does not, on its face and as applied to Westside, contravene the Establishment of the Clause. The logic of Widmar .vs. Vincent, 454 U.S. 263

Justices Involved In Ruling

Rules At Ruston High School

Majority ' Dissenting Opinion

Who Was Involved ?

The Judicial Branch

5 W's

In Upholding These Precedents, Successive Court Decisions Derived Their Opinions On The Separation Of Church And State Primarily From The Establishment Clause Of The 1st Amendment. This Part Of The Amendment Prevents Governments From Establishing An Official Religion. In, 1990 The Rehnquist Court Was Asked To Consider The Possibility Of An Unintended Effect Of These Decisions. This Neutrality Could GoToward The Religion Actually In The Result In The Discrimination Against It. Calling For The Separation Of The Church And State So It Could Eliminate All The References.

Precedents Set By Ruling


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