Bishop McCort Catholic Academy in Johnstown, Pa., has filed a federal civil rights lawsuit alleging religious discrimination over what it perceives as an attempt by the public schools in the Laurel Highlands Athletic Conference to exclude its three faith-based member schools.
As reported by the Altoona Mirror, the Catholic schools in the Altoona and Johnstown areas have competed as members of the conference since its inception in 2022. At the end of last year, during the renewal period determining participation in the conference for the years 2027-31, a proposed amendment to the Laurel Highlands constitution changed the way schools could be expelled from the conference.
The lawsuit states that, according to rumors, the public schools in the conference amassed enough votes to prevent Bishop McCort from continuing as a member of the conference during the next four-year cycle, the Mirror reported.
In the end, following a Jan. 27 meeting of LHAC members, Bishop McCort, Bishop Guilfoyle Academy and Bishop Carroll all were renewed for another four years of membership in the conference, as were the LHAC's other members.
Nonetheless, an attorney representing McCort said the Jan. 27 vote does not resolve the lawsuit. Attorney Nicholas A. Miller said the underlying issue — religious discrimination — has not been addressed, and any decision to discontinue the lawsuit will be up to McCort.
The lawsuit, which names as defendants 19 school districts and the Pennsylvania Interscholastic Athletic Association, seeks monetary damages. Among its claims:
- A First Amendment violation of religious expression;
- A conspiracy between LHAC public school members to remove Catholic schools from the conference;
- And a violation of the Equal Protection Clause of the Constitution (the Fourteenth Amendment).
The lawsuit was filed Jan. 23 by Thomas Smith, the chief administrative officer of McCort Academy.
According to the lawsuit, the proposed LHAC amendment would allow members to be expelled or excluded from the conference whereas, previously, expulsion could only occur for “cause,” which meant the school in question had to be guilty of doing some act that “harmed” the conference, the Mirror reported.
McCort maintained in its lawsuit that it did nothing to harm the conference.
During a Nov. 19 vote, the public schools approved the amendment. All three private, religious schools voted against it.
According to the Mirror, McCort feared that it would be removed from the conference. In filing a lawsuit, it requested that a federal judge issue a temporary restraining order and a preliminary injunction so it could challenge the amendment which, it alleges, violates equal rights constitutions of the Laurel Highlands Conference, the PIAA, and the United States.
The petition filed by McCort quotes the PIAA constitution which states, “the PIAA believes that all boys and girls should have equal opportunity to participate in all levels of interscholastic athletics regardless of race, color, sex, creed, religion or ethnic background.”
McCort’s lawsuit states that the PIAA has “a history of arbitrary and capricious decisions targeted against individual students seeking the type of faith-based education they would receive from a school such as Bishop McCort.”
It pointed out the PIAA routinely investigates transfers from public schools to McCort, charging the PIAA is biased against religious organizations.
The court petition filed by McCort pointed out that “it’s become a financial hardship on Bishop McCort to fight [PIAA[ challenges on behalf of students seeking a faith-based education.”
The lawsuit concluded, “The PIAA is clearly acting on behalf and for the benefit of secular institutions, while withholding action when an entity, such as Bishop McCort, is religious.”
A date for an argument on a temporary injunction has not yet been set, according to the Mirror.
