Archdiocese officials who barred a New Jersey Catholic schoolgirl from playing boys basketball are in violation of state rules — which allow co-ed teams when no girls squad is available, new court documents say.
Last week, a Newark state judge denied seventh-grader Sydney Phillips’ request to force St. Theresa to let her play, saying there was just not enough evidence to upend the “status quo.”
The school’s religious status also protects it from bias claims under New Jersey’s discrimination laws, Newark Superior Court Judge Donald Kessler ruled.
But Sydney, 13, was granted another shot last week when Newark’s appeals court agreed to hear her case on an expedited basis.
Her appeal, filed Friday, charges that the Archdiocese’ athletic leagues are actually governed by the New Jersey State Interscholastic Athletic Association, a non-profit organization made up of 433 public, private and non-public high schools.
And NJSIAA rules state that girls should be allowed to try out for the boys team when no girls team is available, the filing says.
“Girls shall be allowed to participate in any boys sports teams, in an equal basis with boys, provided that the same sports team is not available to girls at that school,” NJSIAA rules state.
A spokesman for NJIAA said the rule letting girls play on boys teams is accurate — but that it only applies to high school students. Sydney is in 7th grade, which is “not under the jurisdiction of NJIAA,” spokesman Micheal Cherenson said.
Sydney, who was voted Catholic Youth Organization “All Star” by her teammates last year, only asked to play on the boy’s team after the girl’s team was disbanded because there were not enough players.
Her class at St. Theresa’s has only 17 people, she has said.
“With each passing say, (Sydney) loses the ability to play basketball … when a rule specifically exists that states the play shall be allowed and the rule was deliberately withheld from defendants,” Sydney’s lawyer, Susan McCrea, said in Friday’s appeal.
Christopher Westrick, a lawyer for the Archdiocese, did not immediately return a request for comment. The Archdiocese has until Jan. 17th to respond to the latest legal salvo, the appeals court has said.
“When the appellate judge reads what we submitted, I cannot see them saying that we lose,” said Sydney’s dad Scott Phillips. “It’s just too much evidence.”
Since the case is being heard on an expedited basis, Sydney still has a shot at playing b-ball for St. Theresa’s before the season ends next month, her lawyer said.