Texas RFRA case holds no substantial burden in excluding private schools from state school athletic league

David Rothman drothman1 at JUNO.COM
Tue Jan 29 02:34:00 PST 2002


        This decision cannot pass the test of promoting
        the widest possible competition in any sector of
        society.  This is admittedly a test of policy rather
        than of Texas RFRA, but damage is to the entire
        school population.  Therefore all Texas schools
        in the public and private sector should pursue a
        remedy of some kind.  Next thing you know we'll
        see the same thing for the math teams!

On Mon, 28 Jan 2002 11:54:03 -0800 "Volokh, Eugene"
<VOLOKH at MAIL.LAW.UCLA.EDU> writes:
>         Jesuit College Preparatory School v. Judy, 2002 WL 87464
> (N.D. Tex.
> Jan. 22), holds that the Texas policy of allowing only
> government-run
> schools in the state's athletic league does not impose a substantial
> burden,
> under the Texas RFRA, on the religious practice of religious schools
> and
> their students.
>
>         Any thoughts on this, and in particular on whether such
> claims
> should be treated differently from the one in Sherbert, and, if so,
> where
> the line should be drawn?
>
>         Eugene

     Dave, 310-676-4032
     David Rothman
     14125 Doty Avenue, #23
     Hawthorne, CA 90250-8042



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