How would travel concerns affect this?  Since Orthodox Jews 
can't drive on the Sabbath, I assume they would often have to drive out during 
the day Friday and stay over the Sabbath.  Would that be an acceptable burden 
on the students?  Or would this itself be seen as a sufficient burden that it 
should justify rescheduling the game for some other day, when the team won't 
need to have the 24 hours of down time?  These aren't rhetorical questions - I 
don't know the answer to them - but they seem relevant in figuring out how easy 
or difficult such accommodations will tend to be.

                Eugene

From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Armstrong
Sent: Saturday, March 03, 2012 11:55 AM
To: Law & Religion issues for Law Academics
Subject: Re: Basketball tournaments on the Sabbath

My understanding is that Jewish and 7th day adventists consider sabbath as 
going from sundown on Friday to sundown on Saturday. I do not know of any 
christian denominations that use sundown Saturday to sundown on Sunday as the 
Lord's day.Therefore a Saturday night game should be acceptable to all.

A little thought and common sense and we would need fewer lawyers.

Alan

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On Mar 2, 2012, at 11:48 AM, Douglas Laycock wrote:


Some of you may have seen the story in the Times the other day about the Beren 
Hebrew Academy in Houston, whose basketball team has reached the state 
semi-finals of the Texas Association of Private and Parochial Schools 
tournament. The semifinal game was scheduled for tonight; the Academy is 
Orthodox and observant, and could not play.  The other school was willing to 
reschedule, but the TAPPS Board voted 8-0 not to allow that. Most TAPPS members 
are church affiliated, and as a matter of policy, it never schedules games on 
Sunday.

Beren parents and students filed a lawsuit this morning in the Northern 
District of Texas, alleging unconstitutional religious discrimination, Texas 
RFRA, and breach of contract (based on a provision in the TAPPS bylaws). The 
complaint's state action theory was that the game was scheduled to be played in 
a public school gym, which is surely not enough. The contract claim looked 
stronger, judging only by the complaint.

Richard Friedman at Michigan tells me that TAPPS caved as soon as the complaint 
was filed, and that the game will begin imminently and will be completed before 
sunset.  If your position is utterly untenable as a matter of public relations, 
it may not matter that the other side's state action theory is very weak. But 
they had to file the lawsuit before common sense could prevail.

Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA  22903
     434-243-8546

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