United States Tenth Circuit

In a private religious school's 42 U.S.C. section 1983 action claiming, in pertinent part, that Oklahoma's state-organized school activities association's membership requirements for nonpublic schools violated the Equal Protection Clause, summary judgment for the association is reversed and remanded where: 1) the association is subject to the Fourteenth Amendment because it is a state actor; 2) the district court failed to apply rational basis scrutiny to the association's requirement of majority approval within its constitution; 3) the association's majority voting requirement is not rationally related to a legitimate purpose.

Appellate Information

• Decided 04/09/2007
• Published 04/10/2007

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, McWILLIAMS, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Micheal Salem of Salem Law Offices, Norman, Oklahoma (William D. (Bill) Graves, Oklahoma City, OK, and Chris Box, Oklahoma City, OK, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Mark S. Grossman (Clyde A. Muchmore, and Mary H. Tolbert with him on the brief) of Crowe & Dunlevy, a Professional Corporation, Oklahoma City, OK, for Defendant-Appellee.