Nancy POWELL, Individually and as Guardian Ad Litem for Remington Powell, Respondents on Review,
v.
Stan BUNN, Superintendent of Public Instruction, Oregon Department Of Education and Portland Public School District No. 1J, Petitioners on Review.
Supreme Court of Oregon, En Banc.https://leagle.com/images/logo.png
Argued and Submitted May 3, 2006.
Decided September 8, 2006.
Attorney(s) appearing for the Case
Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioners on review Stan Bunn and Oregon Department of Education. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Bruce L. Campbell, Portland, argued the cause for petitioner on review Portland School District No. 1J. William H. Walters and Jeffrey D. Austin, of Miller Nash LLP, filed the brief.
Charles F. Hinkle, ACLU Foundation of Oregon, Inc., Portland, argued the cause and filed the brief for respondents on review. With him on the brief was Andrea R. Meyer, ACLU Foundation of Oregon, Inc.
David J. Hunnicutt, Oregonians in Action Legal Center, Tigard, filed the briefs for amicus curiae Pacific Legal Foundation.
Thomas V. Dulcich and Sara Kobak, of Schwabe Williamson & Wyatt P.C., Portland, filed the brief for amicus curiae Boy Scouts of America. With them on the brief were Timothy R. Volpert and P. Andrew McStay, Jr., of Davis Wright Tremaine LLP, Portland, and George A. Davidson and Carla A. Kerr, pro hac vice, of Hughes Hubbard & Reed LLP, New York.
Supreme Court of Oregon, En Banc.
GILLETTE, J.
We are called on in this case to decide whether school district personnel can be said to "discriminate" (as that word is used in the applicable statute) against a student if they require that student to listen to a message about a club or activity in which the student cannot participate because of the student's or his or her parents' religious beliefs. A divided Court of Appeals concluded that evidence that...
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