Widmar V. Vincent

''Widmar v. Vincent'', 454 U.S. 263 (1981), held that when the U.S. government provides an "open forum," it may not discriminate against speech that takes place within that forum on the basis of the viewpoint it expresses—in this case, against religious speech engaged in by an evangelical Christian organization.

Facts

Cornerstone, a Christian organization for students of the University of Missouri–Kansas City, had for many years, with University permission, used classrooms for its weekly meetings. In 1977 the group sought to use additional room for religious services, outside of instructional hours. The university rejected the request, citing university and state regulations prohibiting the use of the public space for worship, as a violation of the Establishment Clause.

Cornerstone filed suit in United States District Court for the Western District of Missouri, and the district court issued a summary judgement in favor of the University. Upon appeal, the Eighth Circuit reversed the district court, whereupon the university appealed to the US Supreme Court.

Majority opinion

In an 8–1 decision, Justice Lewis Powell wrote for the majority, that "through its policy of accommodating their meetings, the University adcreated a forum generally open for use by student groups." In order to justify the exclusion of speech from such a public forum based on the speech's religious content, the University "must show that its regulation is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end."

In this case, the University asserted an interest in fulfilling its responsibilities under the Establishment Clause of the First Amendment. The Court agreed that this would count as a compelling state interest. But Powell argues that a regulation opening facilities to both religious and secular groups would pass the three-pronged test established in Lemon v. Kurtzman (1971). The regulation plainly would have a secular purpose. It wouldn't entangle the state excessively with religion. And it doesn't have a primary effect of advancing or inhibiting religion.

''The University's argument hat to allow Cornerstone access to the roomsmisconceives the nature of this case. The question is not whether the creation of a religious forum would violate the Establishment Clause. The University has opened its facilities for use by student groups, and the question is whether it can now exclude groups because of the content of their speech. In this context, we are unpersuaded that the primary effect of the public forum, open to all forms of discourse, would be to advance religion.''

Powell concluded that it was specious to argue that this use of the rooms would "advance" religion, and thus Cornerstone won its case.

Stevens' concurring opinion

Justice Stevens concurred in the Court's opinion, but wrote a concurrence to note a minor disagreement about whether or not the situation even amounted to a "forum".

Dissenting opinion

Justice White held that, while the university was not ''prohibited'' from granting Cornerstone the right to use the rooms for religious service, strongly asserted that the university had no ''obligation'' to do so. What is "can do" is not the same as what it "must do", he stated.

Aftermath

In 1984, Congress passed a law, the Equal Access Act of 1984, which extended the effect of the Court's opinion in ''Widmar'' to all secondary schools that receive federal education funds.

References

External links

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{{US1stAmendment, speech

Establishment Clause case law
United States Free Speech Clause case law
United States Supreme Court cases
United States Supreme Court cases of the Burger Court
1981 in United States case law
1981 in religion
1981 in education