You serve as legal counsel to a legislative committee. One of the members of your committee has indicated that she wants you to draft legislation that would recognize a property….
Do you agree with this exemption? Does it prefer religion over other interests of student-athletes?
Even though it is not subject to the constraints of the federal constitution because it is not a state actor (see NCAA v. Tarkanian in Chapter 1), the NCAA has exempted brief religious observances by student-athletes, including pausing to pray or express religious gratitude in the end zone after scoring a touchdown, from its general rule that prohibits players from celebrating or drawing attention to themselves on the football field. Some interscholastic associations have refused to exempt such activities from rules against celebration. Do you agree with this exemption? Does it prefer religion over other interests of student-athletes?