Oregon Supreme Court May 8, 2008, Agency 581-021-0034-4-00; CA A123878; SC S053972, S054156 (Nakashima v. Oregon State Board of Education)

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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.