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Originally Posted by Matt
Judging by the name TAPPS (I'm using that as my defense later,) the delineation is not religion per se, but whether a school is public or not. If this is the case, then the minister really doesn't have much shot at a case based on equal protection--funding source does not make one a member of a protected class.
OTOH, if the correlation between a schools being private and schools being religious is close to 1, then the case could be raised that it is de facto delineation based on religion, and he might have a bit higher chance at succeeding. However, I don't see a court stating that access to particular interscholastic opponents is a right or privilege under the 14th Amendment.
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They want access to the playing fields funded by their taxpayers. Nobody cares who the opponent is, just that they show up on time. They want access to $$$ long denied them too. Similar to reverse discrimination challenge filed by white people to end college entrance exam requirements and system of racial quotas based on local demographic data. Support taxation of religious school "parents" without equal representation? Seperate but equal? Yada yada yada.
Many private institutions of higher learning across Texas are fundamentally Judeo-Christian based. Here is a directory,
http://dir.yahoo.com/Regional/U_S__S...rsity/Private/. Names listed on these pages support popularity of privately-run religious institutions of higher learning. Many offer baseball scholarships to deserving young students from public schools.