A Pennsylvania school district is now required to allow parochial school students to participate in extracurricular activities in what lawyers are calling a legal victory against “religious discrimination.”
In a consent order signed by Judge Matthew Brann of the U.S. District Court for the Middle District of Pennsylvania, the Religious Rights Foundation of Pennsylvania and two sets of parents with children who attend parochial schools in the state reached an agreement with the State College Area School District and its Board of Directors that ends nearly two years of litigation.
Under the terms of the order, the school district will allow the plaintiff students to participate in its extracurricular activities since they reside within the boundaries of the district. Students who attend parochial schools with their own interscholastic sports teams are not eligible to participate in the State College Area School District’s interscholastic sports teams. Also, students who attend parochial schools with an extracurricular activity that is “substantially similar” to the one offered by the school district are not eligible to participate in the school district’s extracurricular activity.
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As part of the settlement, the school district must pay “a reasonable, agreed upon sum” to the plaintiffs’ legal counsel to cover “legal fees and costs” within 30 days of the order. While the legal documents did not identify what type of parochial schools the plaintiffs attended, a statement published by the Thomas More Society identified them as Catholic school students.
The plaintiffs filed a complaint against the State College Area School District in July 2023. Attorneys for the Thomas More Society represented them, claiming that denying the benefit to parochial school students amounted to a violation of the Free Exercise Clause of the First Amendment to the U.S. Constitution as well as the Equal Protection Clause of the Fourteenth Amendment.
The agreement ending the litigation follows an April 28 mediation session, according to a court filing. The district’s Board of Directors approved the terms of the order at its June 2 meeting.
“Pennsylvania school districts cannot discriminate against students and exclude them from activities simply because they choose to attend a religious based school,” Thomas More Society Special Counsel Thomas Breth said in a statement. “With this Consent Order, parochial school students will now be afforded the same athletic and educational opportunities as other students who reside within the district.”
“Religious discrimination has no place in our society, but especially in our public schools, and this Consent Order corrects a longstanding policy of discrimination against public school students,” Breth added. “In turn, it strengthens the ability of parents to prioritize their family’s religious beliefs when making educational decisions without being forced to sacrifice educational and athletic opportunities that are [offered] to other students and paid for with their tax dollars.”
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
