Anthony NAKASHIMA, Greg Nakashima, Esther Nakashima, Jonny Long, Lee Long, Sue Long, Loren Larry, Violet Larry, Josh Linfoot, Becky Harvey, Taylor Lewis, Carlene Lewis, Andrew Bailey and Susie Bailey, Respondents on Review, and
Jeremy Long and Rodney Larry, Intervenors on Review,
v.
OREGON STATE BOARD OF EDUCATION, Petitioner on Review, and
Oregon School Activities Association, Petitioner on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted March 5, 2007.
Decided May 8, 2008.
Attorney(s) appearing for the Case
Jonathan M. Radmacher, McEwen Gisvold, LLP, Portland, argued the cause and filed the briefs for petitioner on review Oregon School Activities Association.
Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause for petitioner on review Oregon State Board of Education. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Charles F. Hinkle, ACLU Foundation of Oregon, Inc., Portland, argued the cause and filed the brief for respondents on review.
Michael H. Simon, Perkins Coie LLP, Portland, and Marc. D. Stern, Counsel of Record, American Jewish Congress, New York, filed a brief on behalf of amicus curiae American Jewish Congress.
Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, WALTERS, and LINDER, Justices.
Supreme Court of Oregon.
LINDER, J.
This case requires us to decide the legal standard that applies to determine when a practice or policy is "fair in form but discriminatory in operation" within the meaning of ORS 659.850, which prohibits religious and other forms of discrimination in state-funded school and interschool activities.1 Petitioners are student athletes at Portland Adventist Academy (PAA) and their parents...
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