[Pages H10786-H10789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

RELIGIOUS TOLERANCE IN NATIONAL HIGH SCHOOL MOCK TRIAL CHAMPIONSHIP

Mr. HOLT. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 25) calling on the Board of Directors of the
National High School Mock Trial Championship to accommodate students of
all religious faiths.
The Clerk read the title of the resolution.
The text of the resolution is as follows:

H. Res. 25

Whereas religious intolerance and discrimination continue
to be the root causes of many of the conflicts around the
world;
Whereas the United States of America was founded by those
seeking to practice their religion freely, and the American
justice system, including all legal professionals involved,
should be working to uphold this principle;
Whereas the First Amendment to the Constitution states that
``Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press, or the
right of the people peaceably to assemble, and to petition
the Government for a redress of grievances'';
Whereas section 1 of the Fourteenth Amendment to the
Constitution states, ``All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are
citizens of the United States and of the State wherein they
reside. No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of
life, liberty, or property, without due process of law; nor
deny to any person within its jurisdiction the equal
protection of the laws.'';
Whereas the National High School Mock Trial Championship
has been, until this date, a prestigious event that requires
a tremendous amount of preparation, skill, and dedication on
behalf of those students who are competing, and is looked
upon with distinction by institutions of higher learning;
Whereas the National High School Mock Trial Championship is
a program based on constitutional law;
Whereas the sponsor of the 2005 competition stated that,
``The National High School Mock Trial Championship is a
participatory program that engages students, legal
professionals and the educational community to advance the
understanding of the American justice system and the
important role of lawyers. A well-educated public translates
into a more engaged citizenry that is better equipped and
more interested in fulfilling their civic responsibilities'';

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Whereas the National High School Mock Trial Championship
espouses the goals of heightening ``appreciation of the
principle of equal justice for all'' and promoting the
``exchange of ideas among students from throughout the United
States'';
Whereas the usual National High School Mock Trial
Championship schedule consists of two rounds on Friday and
two rounds on Saturday, followed by a Championship round on
Saturday;
Whereas the Torah Academy of Bergen County of Teaneck, New
Jersey, won the 2005 New Jersey State Bar Foundation High
School tournament, and was eligible to compete in the
National High School Mock Trial Championship;
Whereas the members of the mock trial team from Torah
Academy observe the Sabbath, in accordance with their
practice of Orthodox Judaism, and would not have been able to
participate in any National High School Mock Trial
Championship competitions from sundown on Friday through
sundown on Saturday without certain accommodations;
Whereas satisfactory accommodations were made to allow
Torah Academy of Teaneck, New Jersey, to compete during the
last National High School Mock Trial Championship held in
Charlotte, North Carolina, from May 5-7, 2005, without
violating the religious practices of the students;
Whereas a review of the post-host report compiled after the
2005 Championship showed a majority of the comments supported
the accommodations made for the Torah Academy students and
the benefit of competing with the Torah Academy students;
Whereas one respondent replied, ``the compromise
demonstrated fairness, tolerance and problem-solving, all
values that I try to encourage in my students'';
Whereas the Board of Directors of the National High School
Mock Trial Championship voted on October 15, 2005, to refuse
any future accommodations for students who observe Sabbath on
Friday and/or Saturday;
Whereas students who have otherwise met all of the criteria
to participate in the qualifying competitions leading to the
National High School Mock Trial Championship should be able
to compete regardless of their religious affiliation;
Whereas the Board of Trustees of the New Jersey State Bar
Foundation unanimously voted at its October 27, 2005, meeting
that New Jersey will not compete in the National High School
Mock Trial Championship unless the National Board establishes
a policy permitting accommodation for religious observance;
Whereas on January 6, 2006, the North Carolina Academy of
Trial Lawyers also officially withdrew from participating in
the National High School Mock Trial Championship because the
National Board would not make changes to the competition's
schedule to accommodate students with religious restrictions;
Whereas the decision of the Board of Directors of the
National High School Mock Trial Championship to refuse any
future accommodations for students who observe their Sabbath
on Friday and/or Saturday adversely and wrongly impacts
observant Jewish, Muslim, and Seventh-Day Adventist students;
Whereas the decision made by the Board of Directors of the
National High School Mock Trial Championship is inconsistent
with the spirit of freedom of religion or equal protection;
and
Whereas all students should be allowed to both compete
fully in the National High School Mock Trial Championship and
uphold the practice of their religion: Now, therefore, be it
Resolved, That the House of Representatives--
(1) calls on the Board of Directors of the National High
School Mock Trial Championship to accommodate the religious
beliefs of students participating in the competition; and
(2) urges the Board of Directors of the National High
School Mock Trial Championship to restructure the rules of
the competition to allow qualifying students of all faiths to
compete fully in this national championship without betraying
their religious beliefs.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Holt) and the gentleman from Minnesota (Mr. Kline) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.

General Leave

Mr. HOLT. Mr. Speaker, I request 5 legislative days during which
Members may insert material relevant to H. Res. 25 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. HOLT. Mr. Speaker, I yield myself such time as I may consume.
(Mr. HOLT asked and was given permission to revise and extend his
remarks.)
Mr. HOLT. Mr. Speaker, I rise in support of H. Res. 25, a resolution
that calls on the National High School Mock Trial Championship board of
directors to make provisions in the championship schedule to
accommodate the religious faiths of all potential students and
participants. This legislation was introduced by Mr. Rothman, my
colleague from New Jersey, who has worked diligently on this issue to
see that fairness and tolerance prevails.
The National High School Mock Trial Championship is a competition
between winning high schools on a national level designed to showcase
bright and talented high school students. The event requires intense
preparation, skill and dedication for those who reach the high level of
competition. The current championship takes place on weekends. There
are two rounds on Friday, two rounds on Saturday, and a championship
round that occurs later on Saturday.
In 2005, just a couple of years ago, this schedule caused an
imposition to a team in that competition. The Torah Academy of Teaneck,
New Jersey was scheduled to participate after winning the 2005 New
Jersey State Bar Foundation high school tournament. Now, this school,
without proper accommodation, would not have been able to compete
because of their orthodox religious practice to observe the Sabbath
from sundown on Friday until sundown on Saturday. In that instance, the
board of the competition made a proper accommodation for the students'
religious faiths. The team was able to compete in May of that year.
Those who took part in that competition recognized that the adjustment
made by the board showed fairness and tolerance, and it was a good way
to approach a problem. All participating applauded the board for doing
so. However, the board later voted to refuse any future accommodations
for students who observe the Sabbath on Friday or Saturday. The vote
carried and signified a rejection of participation for all future
participants with religious prohibitions, religious practices that may
require accommodation.
Well, a number of legal organizations then withdrew their
participation and support for the National High School Mock Trial
Championship pointing to this act of the board of directors that quite
clearly undermines free religious spirit, the kind of spirit on which
this country was based. It is not without irony that this was applied
in a competition that is intended for legal and constitutional
education.
The resolution before us today from Mr. Rothman and cosponsored by a
number of us calls on the mock trial championship to recognize the
diverse religious views and practices in this country and to restore
its rules in order to accommodate excellent students of all faiths. I
commend Mr. Rothman for pursuing this. We hope that this can be
resolved in a way that is most inclusive and in the spirit, the
constitutional spirit, of equality of religious practice in this
country.
Mr. Speaker, I reserve the balance of my time.
Mr. KLINE of Minnesota. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise today in support of House Resolution 25. I thank
my colleague for his opening remarks. This resolution calls on the
board of directors of the National High School Mock Trial Championship
to accommodate students of all religious faiths. Among our most basic
human rights, the right to follow one's conscience in matters of
religion and belief, is undoubtedly one of the most cherished, so much
so that people have been willing to endure the severest trials and even
to lay down their lives rather than surrender this fundamental right.
Throughout history, men and women of religion have fought for the
natural right of all individuals to practice their own faith and
beliefs free from harassment, suppression and persecution. One can also
point to many shining examples of established religions tolerating each
other's beliefs and practices. The National High School Mock Trial
Championship, which is based on constitutional law, is a prestigious
event that requires a tremendous amount of preparation, skill and
dedication on behalf of those students who are competing. The
competition espouses the goals of heightening ``appreciation of the
principle of equal justice for all'' and promoting the ``exchange of
ideas among students from throughout the United States.''
This participatory program engages students, legal professionals and
the

[[Page H10788]]

educational community to advance the understanding of the American
justice system and the important role of lawyers. I have to admit
sometimes that I have a prejudice against some of my lawyer friends.
Nevertheless, they are clearly an integral part of our system of the
rule of law and justice for all.
On October 15, 2005, the board of directors of the National High
School Mock Trial Championship voted to refuse any future
accommodations for students who observe the Sabbath on Friday and/or
Saturday. This decision of the board of directors to refuse any future
accommodations adversely and wrongly impacts observant Jewish, Muslim
and Seventh Day Adventist students and is inconsistent with the spirit
of freedom of religion and equal protection guaranteed by our
Constitution.

{time} 1315

During the 2005 championships, satisfactory accommodations were made
to allow Torah Academy of Teaneck, New Jersey, to compete at the
National High School Mock Trial Championship held in Charlotte, North
Carolina. A review of the post-host report compiled afterward showed a
majority of the comments supported the accommodations made for the
Torah Academy students and the benefit of competing with the Torah
Academy students.
I think that is an important point in this debate. All the other
participants, even recognizing the challenge from a significant
competitor, thought this was the right thing to do. One respondent
replied, ``The compromise demonstrated fairness, tolerance and problem-
solving, all values that I try to encourage in my students.''
The simple fact is that all students should be allowed to both
compete fully in the National High School Mock Trial Championship and
uphold the practice of their religion. We stand here today calling the
National Board of Directors to accommodate the religious beliefs of
students participating in the competition and urge the Board of
Directors of the National High School Mock Trial Championship to
restructure the rules of the competition to allow qualifying students
of all faiths to compete fully in this national championship without
betraying their religious beliefs.
I thank my colleague, Mr. Rothman, for bringing this matter to the
floor today, and I ask my colleagues to support this resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. HOLT. Mr. Speaker, I yield such time as he may consume to my
distinguished colleague, the gentleman from New Jersey (Mr. Rothman),
the author of this resolution.
Mr. ROTHMAN. Mr. Speaker, first let me thank my distinguished friend
and colleague, Mr. Holt from New Jersey, for his leadership on this
issue and his support from the very beginning. It was critical. I am
most grateful, as are all the students who will now be able to
participate.
I also would like to thank my friend and colleague from Minnesota
(Mr. Kline) for his kind remarks and his support of this resolution,
which will bring fairness and restore a sense of equal justice under
the law to a program we are hopeful has the potential to provide
valuable lessons to all our students.
Mr. Speaker, in 2005 there was a National High School Mock Trial
Championship competition all over America, just like there has been for
many years. There were literally hundreds of schools in New Jersey, as
there are hundreds of schools in other States, participating in this
competition, and, by the way, hundreds of schools, public schools,
private schools.
That year, in 2005, the Torah Academy, an Orthodox Yeshiva located in
Teaneck, New Jersey, won the New Jersey State championship. And they
won the right to represent our beloved Garden State in the National
High School Mock Trial Championship.
How awful it was for them to learn that if they had proceeded in the
competition to the semifinals and finals, they wouldn't be able to
participate because the semifinals and finals had been scheduled on a
Saturday, on their Sabbath.
When we went to the National High School Mock Trial Championship,
they were at first very reluctant to accommodate these students,
although every conceivable reason that they might have, they had to get
more buses, move people from one place to another, would have been
accommodated and provided for them. In the end, they did the right
thing, and they allowed these students to participate. All they did was
move the championships then to Sunday instead of Saturday, without
objection from anyone.
As my colleague from Minnesota has said, the results of the inclusion
of these students not only demonstrated fairness, tolerance and
problem-solving, but was a demonstration to all those involved,
particularly the young people, that accommodations for religious
practice, when reasonable, should be put into place.
But the decision of the board of this National High School Mock Trial
Championship to never again permit such an accommodation, whether it be
an Orthodox Jewish school or a Muslim school or a Seventh Day Adventist
school, was wrong, and we couldn't talk them out of it. The question
was how to impress upon them that this was un-American and that the
Congress of the United States wouldn't stand for it. That is why we
drafted this resolution.
Remember, these are students who played by the rules, were eligible
to participate, competed, and won in their State championships, all
according to the rules. The organization in fact demonstrated that they
could accommodate these students without any problems whatsoever, and,
in fact, with a very positive result.
That is why I urge all the Members of the House to join me and my
distinguished colleagues in supporting House Resolution 25, to express
our body's strong disapproval of the decision made by the board of the
National Mock Trial Championship not to make any attempt in the future
to accommodate students of all faiths in future events.
You know, the most important purpose of this mock trial championship
was to teach about the rule of law; and part of our rule of law here in
America is equal justice under the law, no matter where you come from,
what your religion is, as well as equal access to the law. As we pride
ourselves on these values, it is important for the United States House
of Representatives to pass this resolution to convey in the strongest
terms its hope that the National High School Mock Trial Championship
Board will revisit its decision to deny accommodations for students who
observe the Sabbath on Friday and Saturday, and instead schedule future
competitions in such a way that enable all eligible students to
participate, regardless of their religion.
Mr. KLINE of Minnesota. Mr. Speaker, I yield myself such time as I
may consume.
I was sitting here listening to my distinguished colleagues speak and
looking at my own notes, and, again, I just find it incredible that you
have this wonderful competition which espouses the goals of heightening
the appreciation of the principle of equal justice for all stated, a
stated goal, and yet it couldn't make accommodation to respect the
religious beliefs and practices of the competitors.
Again, I urge all my colleagues to join in support of this
resolution.
Mr. Speaker, I have no further speakers, and I yield balance the
balance of my time.
Mr. HOLT. Mr. Speaker, I yield an additional 1 minute to the
gentleman from New Jersey (Mr. Rothman).
Mr. ROTHMAN. Mr. Speaker, I did want to point out that good people
have not stood silently during all of this. Both the New Jersey State
Bar Association and the North Carolina Academy of Trial Lawyers have
withdrawn from the National High School Mock Trial Championships and
have established their own mock trial competition, which ensures that
all students, regardless of affiliation, religious affiliation, can
participate in every aspect of the annual contest.
I commend these organizations. That may be the direction to go, to
ask people of all good will to remove themselves from the National High
School Mock Trial Championships if they will not accommodate students
of all religions who are otherwise eligible to participate. I hope it
doesn't come to that, but so far the board of the National High School
Mock Trial Championship has not been willing to accommodate all these
students.

[[Page H10789]]

Mr. HOLT. Mr. Speaker, I wish this resolution were not necessary, but
maybe we should welcome this and embrace it as a teachable moment, not
only to understand the religious tenets, practices, and traditions of
various people in this country, but also to understand what it means to
say we are a Nation dedicated to the proposition that all are equal.
No one said that the freedoms we cherish need be convenient. They do
require from each of us, from time to time, accommodation, even
inconvenience. This is a teachable moment, an important lesson in
tolerance, equality and, yes, accommodation.
I thank the gentleman from New Jersey (Mr. Rothman) for bringing this
forward, and I urge my colleagues to support this.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Holt) that the House suspend the rules
and agree to the resolution, H. Res. 25.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.

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