The Equal Access Act: Still Controversial after All These Years
Western New England University School of Law
July 30, 2004
Eleventh Annual Education Law Conference: Law and Education: Crucial Issues, p. 174, 2004
Over its twenty-year history, the Equal Access Act has continued to spark controversy. Despite a large number of court decisions that have interpreted the scope of the statute, those controversies have not yet subsided nor are they likely to for the foreseeable future. Interpretation of the Equal Access Act is complicated by ambiguities in the statute's language and the complex relationship that exists between the statute and the First Amendment's prohibition on religious establishments combined with its protection for freedom of expression. The delicate constitutional balancing act that the statute attempts to accomplish complicates the task of statutory interpretation in a way that courts have still been unable to fully resolve.
Number of Pages in PDF File: 9
Keywords: Equal Access Act, public schools, religious clubs, noncuriccular clubs, constitutional law, education law
Date posted: December 15, 2011 ; Last revised: December 28, 2011