Oregon Court Demands More Religious Accommodation In School Basketball Schedule

In Nakashima v. Board of Education (Ore. Ct. App., March 15, 2006), an Oregon state appellate court gave an initial victory to a Seventh Day Adventist school in its suit against the Oregon Board of Education in the Adventist school's attempt to get the dates of the state basketball tournament rescheduled so games would not be held on Friday night or Saturday, the Adventist players' Sabbath. The student basketball players filed suit under Oregon's statute banning religious discrimination in schools. The Oregon School Activities Association said that accommodating the school's request would amount to an "undue hardship" and therefore was not required by law. The Court of Appeals held that accommodation under Oregon's law required more than the federal civil rights law does. Federal law excuses accommodation if it imposes more than a de minimus burden. Under Oregon law, accommodation is required unless it "requires significant difficulty or expense". The School Activities Association was ordered to apply this test to the students' rescheduling request.