Document Type
Brief
Case Name
K.D.M. v. Reedsport School District
Publication Date
7-24-2000
Abstract
No. 00-131
K.D.M. v. Reedsport School District
On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit
From the Reasons for Granting the Writ
The Ninth Circuit conceded that the regulation at issue below " 'discriminates' against students in religious schools, i.e., treats them differently by denying them state services on the school grounds." KDM, 196 F.2d 1046, 1051 (9th Cir. 1999) (App. B at 11 a). This, then, is a case about admitted discrimination - discrimination against "religious ideas, religious people, [and] religious schools." Board of Educ. of Kiryas Joel v. Grumet, 512 U.S. 687, 717 (1994) (O'Connor, 1., concurring in part and concurring in the judgment) ("The Religion Clauses prohibit the government from favoring religion, but they provide no warrant for discriminating against religion."). Oregon provides an immensely valuable benefit - special education services - to every eligible "child with disabilities." Petitioner has been denied this educational benefit solely because his parents have chosen a religious school whose purpose it is to impart religious tenets of faith and values to its students by means of religious instruction in a religious environment and setting. Respondent's Administrative Rule 581-015-0166 violates the "equal treatment" principle at the heart of the Free Exercise and Equal Protection Clauses of the First and Fourteenth Amendments to the United States Constitution and conflicts with the Eighth Circuit's decision in Peter v. Wedl, 155 F.3d 992 (8th Cir. 1998).
Recommended Citation
Garnett, Richard W.; Paulsen, Michael Stokes; Gibbs, David C. Jr.; Gibbs, David C. III; Cover, Charlotte A.; and Weller, Barbara J., "Petition for Writ of Certiorari" (2000). Court Briefs. 116.
https://scholarship.law.nd.edu/sct_briefs/116
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