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State court weighs basketball schedules and religion
Tuesday, March 06, 2007 | No comments posted.
PORTLAND (AP) - When Portland Adventist Academy appeared in the state basketball playoffs in 2002, it lost its final game 2-0.
But instead a lack of offense, the team fell because of its religious beliefs. Seventh-day Adventists observe the Sabbath from sundown Friday to sundown Saturday. Its third-place game against St. Mary's was scheduled for 3 p.m. Saturday, so the Cougars forfeited.
On Monday, the Oregon Supreme Court questioned lawyers representing the Oregon School Activities Association about what standards should be established to accommodate students' beliefs and why the OSAA hasn't made a greater effort to satisfy those needs during the basketball playoffs.
The court's ruling, which could take months, will set new precedent in the state.
The focus during Monday's hearing was on the wording of the state law prohibiting religious discrimination in education.
“What it looks like, frankly, in the record, is that you're not making any accommodations for this religious purpose but you're making accommodations ... for all sorts of secular purposes,” Justice Thomas Balmer said to the OSAA's attorney.
The OSAA has not rescheduled tournament games because it said doing so is not in the best interests of fans, teams and the association.
Attorneys for the OSAA and the Oregon Board of Education said the law is meant to ensure neutrality and should not provide special treatment for religious beliefs.
“I don't think you can conclude that because it's possible to accommodate - albeit in a way that burdens others - therefore you must accommodate to be reasonable,” said Jonathan Radmacher, the attorney who represented the OSAA.
But Charles Hinkle, arguing the case on behalf of the students and the American Civil Liberties Union, told the justices that it is the OSAA's obligation to meet the religious needs of students.
The debate started in 1996, when the OSAA accommodated Portland Adventist students, and they went on to win a state title. But the OSAA changed its stance the next year.
The case went to U.S. District Court, where the school lost. But the case was later filed in Oregon, and the state Court of Appeals has ruled in the team's favor.
But instead a lack of offense, the team fell because of its religious beliefs. Seventh-day Adventists observe the Sabbath from sundown Friday to sundown Saturday. Its third-place game against St. Mary's was scheduled for 3 p.m. Saturday, so the Cougars forfeited.
On Monday, the Oregon Supreme Court questioned lawyers representing the Oregon School Activities Association about what standards should be established to accommodate students' beliefs and why the OSAA hasn't made a greater effort to satisfy those needs during the basketball playoffs.
The court's ruling, which could take months, will set new precedent in the state.
The focus during Monday's hearing was on the wording of the state law prohibiting religious discrimination in education.
“What it looks like, frankly, in the record, is that you're not making any accommodations for this religious purpose but you're making accommodations ... for all sorts of secular purposes,” Justice Thomas Balmer said to the OSAA's attorney.
The OSAA has not rescheduled tournament games because it said doing so is not in the best interests of fans, teams and the association.
Attorneys for the OSAA and the Oregon Board of Education said the law is meant to ensure neutrality and should not provide special treatment for religious beliefs.
“I don't think you can conclude that because it's possible to accommodate - albeit in a way that burdens others - therefore you must accommodate to be reasonable,” said Jonathan Radmacher, the attorney who represented the OSAA.
But Charles Hinkle, arguing the case on behalf of the students and the American Civil Liberties Union, told the justices that it is the OSAA's obligation to meet the religious needs of students.
The debate started in 1996, when the OSAA accommodated Portland Adventist students, and they went on to win a state title. But the OSAA changed its stance the next year.
The case went to U.S. District Court, where the school lost. But the case was later filed in Oregon, and the state Court of Appeals has ruled in the team's favor.
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