STEPS TO TAKE IF/WHEN AN ISSUE ARISES:
The rights of FCA Huddles in public high schools (secondary schools) are protected by the First Amendment to the U.S. Constitution and the Equal Access Act (“the Act”) passed by Congress in 1984.
The basic purpose of the Act is to put religious clubs on equal footing with all other student clubs by allowing them the same privileges and access to school facilities that other recognized student clubs enjoy. Once the school recognizes a single non-curriculum-related club, it is said to have created a “limited open forum,” triggering the Act and entitling all other qualified student clubs (like the FCA Huddle) to the same access and benefits of school facilities as that first club.
A “qualified student club” is one which is student-initiated and student-led. Teachers and coaches can be involved only to monitor, facilitate, or supervise, and non-school persons cannot be regularly and directly involved in the meetings. The school still retains the ability to regulate and restrict clubs that “materially and substantially interfere with the orderly conduct of educational activities within the school."
Religious student clubs are allowed in public schools because there is a difference between “… government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect.”
Public Schools cannot exclude certain clubs based on their religious viewpoints or practices. Once a school allows access to any student club, school officials cannot deny recognition or benefits to some clubs (like FCA) based on students’ desires to exercise their religious freedom.
The Equal Access Act specifies that the clubs must be “voluntary and student-initiated.”Employees of the school may be present at religious meetings only in a non-participatory capacity.
Therefore, students as Huddle leaders will always be allowed to participate without restriction. If a teacher or a coach is a Huddle leader, then he or she can attend meetings only to monitor, facilitate, and/or supervise. The activities of the meetings must be primarily led by students.
Yes, the First Amendment protects the right of student clubs to select their members and leaders based on their adherence to the club’s beliefs. The Supreme Court established that the First Amendment prevents the government from “interfering with the freedom of religious groups" to “select those who convey their message and carry, out their mission.” When religious student clubs select individuals, who share their religious beliefs to be leaders, they are exercising this religious freedom. Thus, schools violate the rights of religious students by requiring them to abandon their right to associate with persons who share their beliefs as a condition to receiving recognition as a student club.
Two recent (2023 & 2024) court Cases support a faith requirement for FCA Student Leaders. The summary of both can be found at the end of this Campus Access information.
No, a school’s nondiscrimination policy does not trump the rights that students’ have under Equal Access.
First and foremost, it’s all about relationships. We want to maintain a healthy relationship with the local leaders, schools, and administrations in our communities while at the same time standing up for our rights. We lead with a spirit of humility and kindness always. In this spirit we can say confidently:
“A gentle answer deflects anger, but harsh words make tempers flare.”
~Proverbs 15:1
The following come from FCA’s Christian Community Statement: