Religious Rights Foundation of PA, et al. v. State College Area School District

In July 2023, Thomas More Society filed a federal lawsuit on behalf of the Religious Rights Foundation of Pennsylvania, alongside parents C.Y., L.Y., B.H., and K.H., representing their minor children F.Y. and R.H., against the State College Area School District (SCASD) and its Board of School Directors. TMS argued that SCASD violated the Free Exercise Clause and Equal Protection Clause of the U.S. Constitution by denying parochial school students access to extracurricular and co-curricular activities, such as athletics and clubs, while permitting homeschooled and charter school students to participate.

The lawsuit challenged SCASD’s policy that excluded parochial school students from district extracurricular and co-curricular programs, despite allowing homeschooled and charter school students to join under the Pennsylvania Public School Code. TMS attorneys argued that this policy unjustly discriminated against students attending religious schools, punishing families for their choice of religious education while they remained taxpaying residents of the district. The complaint highlighted that this exclusion lacked a compelling governmental interest and constituted unequal treatment based on religious exercise.

Additionally, TMS argued that SCASD’s policy was not generally applicable, as it granted exemptions for secular reasons (homeschooling and charter schools) but not for religious ones. This disparity triggered strict scrutiny under the Free Exercise Clause, requiring the district to justify its policy with a compelling interest and narrowly tailored means. Attorneys further argued that the policy violated the Equal Protection Clause by treating parochial school students differently from their homeschooled and charter school counterparts without a rational basis.

On June 5, 2025, the case was settled through a Consent Order approved by Chief United States District Judge Matthew W. Brann. SCASD agreed to provide parochial school students with the same access to extracurricular and co-curricular activities, including athletics and educational programs, as offered to homeschooled and charter school students. The settlement marks a significant victory for religious freedom and equal treatment in education and ensures that parochial school students in the State College Area School District have equitable access to extracurricular opportunities, consistent with the benefits offered to other non-public school students.