In South Hills Catholic Academy v. Department of Human Services, (PA Commonwealth Ct., Jan. 11, 2024), a Pennsylvania appellate court rejected a Catholic school's challenges to regulatory requirements imposed on it. The state asserted that the school's program allowing parents to drop students off 45 minutes early and pick them up 90 minutes late constitutes an uncertified child care center. The school contended that the Department's regulations violate the Free Exercise and Establishment Clauses of the 1st Amendment and the freedom of conscience and religious practices clause of the Pennsylvania constitution. The court said in part:
Private School believes the Department’s regulations impermissibly infringe upon a religious school’s ability to hire staff “based upon their religious beliefs and their ability to transmit those beliefs to the individuals they instruct.”...
The Department’s regulations continue to require only “compliance” with existing civil rights statutes and regulation, from which religious schools are exempt. Therefore, we reject Private School’s contention that reference in the regulations to various civil rights laws infringes upon a religious school’s employment decisions.
With regard to Private School’s other asserted concerns, ..., Private School “has not explained how the regulations at issue interfere with the facility’s ability to communicate Church teachings,” and has “failed to identify any actual or imminent infringement upon [its] right.”... Accordingly, Private School’s “constitutional claims necessarily fail.”
