Williamsport, PA - Pennsylvania parochial school families won a major victory today in federal court, with a Consent Order signed by U.S. District Judge Matthew W. Brann securing their right to participate in extracurricular activities and athletics offered by the school district in which they reside.

State College Area School District (SCASD) permitted homeschooled and charter-schooled students living within the district to participate in its extracurricular opportunities but denied that same opportunity to students at parochial schools. In a lawsuit filed in the U.S. District Court for the Middle District of Pennsylvania by the parents of parochial school students in July 2023, Thomas More Society attorneys argued that the SCASD policy of permitting homeschooled and charter school students to participate but denying parochial school students the same opportunities violated the Free Exercise rights of the parochial school students and their families.

“Pennsylvania school districts cannot discriminate against students and exclude them from activities simply because they choose to attend a religious based school. 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,” said Thomas Breth, Thomas More Society Special Counsel.

The district had claimed that the inclusion of parochial school students would take away opportunities from students enrolled within district school. In a decision and opinion denying the district’s motion to dismiss, Judge Brann wrote that, “[T]he Free Exercise Clause is clear: regardless of what reasons some parents may have for sending their children to a non-public school, a religious reason has the same value as a secular reason. If some exemptions are made, a school’s refusal to make a religious one enforce a value judgment preferring secular conduct over religious conduct.”

“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 parochial school students. 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 offer to other students and paid for with their tax dollars,” Breth added.  

The signed Consent Order in Religious Rights Foundation of PA v. State College Area School District, can be found here.