The author argues that Congress and the federal courts have failed religious public school students by failing to prohibit religious discrimination in education statutorily with
appropriate enforcement mechanisms, failing to require religious accommodations in
cases of religious infringement and failing to articulate a strict scrutiny standard for
cases of religious discrimination in education. The author argues that equality-based legislation is necessary in order to provide religious students with the educational opportunity guaranteed by Equal Protection Clause of the Fourteenth Amendment and the Free Exercise Clause of the First Amendment. This legislation would fill a critical gap in civil rights law, provide more effective civil rights enforcement and avert potential constitutional challenges.