CNA Staff, Jun 12, 2025 / 10:59 am
Catholic families in Pennsylvania won a victory at federal court this week when a local school district agreed to allow students of parochial schools to participate in district sporting events and other activities.
The Thomas More Society, a public interest law firm based in Chicago, said in a press release that multiple Catholic families had won the “major victory” in U.S. District Court for the Middle District of Pennsylvania after bringing the suit in July 2023.
The State College Area School District had originally said that parochial school students were not allowed to participate in district extracurricular activities, though it allowed home-schooled and charter school students to take part in those events.
The Catholic school families had sued the district arguing that the policy violated their constitutional rights to freedom of religion and equal protection.
In December 2023, U.S. District Judge Matthew Brann allowed the challenge to proceed, agreeing that the rule appeared to violate the defendants’ constitutional rights.
In a filing on June 10, the Catholic families and the school district agreed to a consent order stipulating that the Catholic students “are generally entitled to the same generally available benefits as those provided to home-schooled and charter school students” in the district.
The district said it agreed to “make available to parochial school students … the same extracurricular and co-curricular activities (including athletics) and educational programs offered to home-schooled students and charter school students.”
Thomas Breth, special counsel for the Thomas More Society, said in the press release that school districts in Pennsylvania “cannot discriminate against students and exclude them from activities simply because they choose to attend a religious-based school.”
“Religious discrimination has no place in our society, but especially in our public schools,” Breth said.
He argued that the order “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.”
In an interview with CNA, the lawyer said that though the consent order does not apply statewide, it will likely help to ensure that other districts do not exclude parochial students from district activities.
“I fully expect that many, many school districts are going to fall in line and decide not to litigate the issue,” he said.
The district ended up paying $150,000 in legal fees to the plaintiffs, Breth noted. He urged parents of Catholic school students to consider pressing their districts to allow their children access to extracurricular activities.
“I’ve already been in contact with parents in other school districts,” he added. “They’re in similar situations. We’re going to push hard in other districts if they don’t recognize they have a constitutional obligation to let parochial school students participate in the same manner as charter and home-schooled students.”
“Hopefully, it’s not going to take litigation. Hopefully, it will take letters,” he said. “Hopefully, the district will do what’s right for the kids, because ultimately that’s what this is about.”
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Glad to finally see this. My son who is now an adult was deprived of an opportunity to play baseball at our public school. I had phoned to inquire and was told outright he could not try out as he was not registered there as a student. They are more than glad to accept my exorbitant school tax however.( close to 10 grand currently). Thomas More society is one of the charities I donate to. They do worthwhile work and I would suggest all Catholics consider making a donation to their efforts.