Hastings Journal on Gender and the Law


Sarah Orman


The Equal Access Act which prohibits high schools from discriminating among extracurricular clubs on the basis of viewpoint, was originally intended to protect the rights of high school students to hold prayer groups and other religious-oriented meetings on campus. In an unintended (but not unexpected) twist, the Act has expanded from protecting religious expression to ensuring equal access for groups of gay and lesbian students. This Note examines the history and purpose of the Equal Access Act, focusing on a recent case in which a federal district court upheld the decision of Lubbock High School to deny access to members of a Gay/Straight Alliance.