Legal Opinion

Nakashima v. Oregon State Board of Education

Oregon Supreme Court

Decided May 8, 2008No. Agency 581-021-0034-4-00; CA A123878; SC S053972, S054156PublishedCited by 14 opinions

1Opinion of the CourtLinder, 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. Petitioners are student athletes at Portland Adventist Academy (PAA) and their parents (collectively, petitioners). In approximately March 2000, petitioners asked the Oregon School Activities Association (OSAA), which is the governing body for interscholastic activities in Oregon, to alter the…

2Cases cited25 opinions

  1. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  2. Lemon v. KurtzmanSupreme Court of the United States · 1971
  3. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  4. Brentwood Academy v. Tennessee Secondary School Athletic Assn.Supreme Court of the United States · 2001
  5. Cutter v. WilkinsonSupreme Court of the United States · 2005

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3Cited by14 opinions

  1. State v. GainesOregon Supreme Court · 2009
  2. Christianson v. State of OregonCourt of Appeals of Oregon · 2010
  3. Parents for Privacy v. Dall. Sch. Dist. No. 2District Court, D. Oregon · 2018
  4. State v. SerafinCourt of Appeals of Oregon · 2011
  5. Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, P. C.Court of Appeals of Oregon · 2012

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