Oregon Supreme Court Clarifies Standard For Religious Discrimination

In Nakashima v. Oregon State Board of Education, (OR Sup. Ct., May 8, 2008), the Oregon Supreme Court clarified the test that is to be used in determining whether a public school program is "fair in form but discriminatory in operation" so that it violates Oregon's anti-discrimination statutes. At issue was an attempt by Portland Adventist Academy (PAA) to get the Oregon School Activities Association to alter the schedule of the 2A State High School Boys' Basketball Tournament. PAA requested the change so that its basketball team would not be required to compete on their Sabbath. The court remanded the case to the Oregon State Board of Education for it to determine whether the challenged scheduling policy that adversely impacts PAA is "reasonably necessary" to the successful administration of the Tournament. The AP yesterday reported on the decision. (See prior related posting.)