[Congressional Record Volume 153, Number 143 (Tuesday, September 25, 2007)]
[House]
[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'';

[[Page H10787]]

       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.

                          ____________________