Parochial school students in Pennsylvania will now have the opportunity to play on sports teams in their home school districts in what religious liberty advocates are hailing as an end to “longstanding discrimination” against people of faith. 

In a statement on Monday, the religious liberty law firm Thomas More Society announced that it has secured an interim consent order in federal court ensuring that parochial school students in Pennsylvania can participate on sports teams in their home school districts. The order, signed by Judge Matthew Brann of the United States District Court for the Middle District of Pennsylvania, applies to all students in the state who attend a parochial school that does not have sports teams. 

Monday’s order comes a month-and-a-half after the Religious Rights Foundation of Pennsylvania, as well as several parents with children who attend parochial schools, filed a lawsuit challenging the Pennsylvania Interscholastic Athletic Association’s exclusion of parochial school students from interscholastic activities in their home districts. The Thomas More Society represented the plaintiffs in their litigation. 

The complaint maintained that the parochial school students’ exclusion violated the Free Exercise Clause of the First Amendment to the U.S. Constitution and the Equal Protection Clause of the 14th Amendment because under the bylaws of the Pennsylvania Interscholastic Athletic Association, homeschool and charter school students can participate in sports in their home districts, but the same privilege is not granted to students who attend faith-based schools. 

The Thomas More Society noted that the Pennsylvania Interscholastic Athletic Association was in the process of amending its bylaws to comply with the order. The Pennsylvania Interscholastic Athletic Association’s Board of Directors approved the consent order at their Sept. 10 meeting.

Thomas More Society Special Counsel Thomas Breth condemned the current bylaws as “in direct violation of the constitutional rights of families who wish to provide their children with a faith-based education, while still pursuing athletic opportunities in their home school districts.” At the same time, he cheered Monday’s order for securing an end to “longstanding discrimination” against people of faith. 

“It is rewarding to see talented parochial school athletes finally being allowed to participate in their home school district’s athletic programs,” Breth said in response to the order. “This is a huge relief for parents and students across Pennsylvania who have been [unnecessarily] excluded from participation simply because of their desire to pursue a faith-based education.”

David Aungst, a father involved in the lawsuit, expressed gratitude to the Thomas More Society for its efforts: “Because of their work, our son can now play football with his peers at our local public school without us having to sacrifice our faith, values, and educational freedom. Faith is at the center of our family, and it means so much to know we don’t have to choose between living that faith and giving our son the chance to grow and excel on the field.”

“We’re excited to be great partners with his new team and can’t wait to watch him thrive, both as an athlete and a young man,” Aungst added.