Catholic Students Get Green Light For Public School Activities
A federal court has mandated that a Pennsylvania school district permit parochial school students to take part in its extracurricular programs, a decision attorneys are celebrating as a major step against religious discrimination.
The resolution came in the form of a consent order issued by U.S. District Judge Matthew Brann in the Middle District of Pennsylvania. It concludes nearly two years of litigation between the State College Area School District and the Religious Rights Foundation of Pennsylvania, along with two families whose children attend Catholic schools.
According to the agreement, students who live within the school district’s geographic boundaries and attend parochial schools will be allowed to participate in extracurricular activities provided by the district. However, those who attend schools that already offer the same extracurricular activity—or have their own interscholastic sports teams—are not eligible to join the equivalent programs within the district.
The school district has also agreed to reimburse the plaintiffs’ legal expenses within 30 days, covering a mutually agreed amount for attorney fees and costs. While court documents did not specify the denomination of the schools involved, the Thomas More Society confirmed the students attend Catholic institutions.
The legal challenge began in July 2023, when the plaintiffs, represented by attorneys from the Thomas More Society, argued that the district’s policy violated both the Free Exercise Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.
The dispute reached a resolution after a mediation session on April 28, and the school board formally approved the settlement on June 2.
Thomas Breth, Special Counsel with the Thomas More Society, applauded the decision: “School districts in Pennsylvania cannot deny students access to extracurricular programs simply because they attend a faith-based school,” he said. “This consent order ensures that parochial school students will now enjoy the same opportunities as their peers in public schools.”
Breth emphasized that the outcome affirms the rights of families to make educational choices rooted in their religious convictions without losing access to publicly funded extracurricular resources.
“Discrimination based on religion has no place in our education system,” he added, “and this order corrects a policy that unfairly excluded students from programs their families help support through taxes.”