Judge rules girl, 12, must be allowed to attend class after she was expelled when her parents sued Catholic school for not letting her play on boys' basketball team
- Sydney Phillips expelled from St Theresa's School in New Jersey on Wednesday
- The 12-year-old had played for girls' basketball team before it was scrapped
- Sydney had tried to play for Catholic school's boys' team but was not allowed
- Her parents decided to take legal action, but the judge ruled in favor of school
- She was blocked from entering the school on Thursday following expulsion
- Appeals court ruled Friday she must be allowed to go to class pending litigation
A 12-year-old girl who was expelled after her parents sued her Catholic school because they wouldn't let her play in the boys' basketball team must be allowed back to attend classes, a judge has ruled.
Sydney Phillips and her sister were blocked from entering St Theresa's School in Kenilworth, New Jersey, on Thursday morning by police and two priests following their expulsion the previous day.
An appeals court judge ruled Friday that the girls must be allowed to attend school while litigation is pending after the incident erupted on social media, NBC New York reports.
Sydney Phillips, 12, was blocked from entering St Theresa's School in New Jersey on Thursday morning by police and two priests after she was expelled the previous day
Her father, Scott Phillips, said he plans to take both girls back to school on Monday.
The court ruling came after the two girls were kicked out after the family filed a lawsuit against the school in December in a bid to get his daughter on the boys' basketball team.
Sydney had played for the girls' team at the school last year, but it was scrapped because there weren't enough girls interested.
The school then refused to let her play on the boys' team.
A judge ruled against the Phillips family in court last month, arguing that there was no legal basis for the case.
Sydney (pictured) had played for the girls' team at the school last year, but it was scrapped because there weren't enough girls interested
Her father, Scott Phillips, said he plans to take both girls back to school on Monday after the judge's ruling on Friday
The family is currently appealing the ruling.
The Phillips family had argued that the archdiocese does not have a specific rule prohibiting girls from playing on the boys' team.
They argue that the archdiocese’s athletic leagues are governed by non-profit organization New Jersey State Interscholastic Athletic Association.
It sets out in its rules that girls should be able to try out for boys' teams when there is not a girls' team.
However, the school said in a legal response that her application was filed late, which is disputed by Phillips.
The Archdiocese of Newark said in a statement that the school's parent and student handbook says that parents will be requested to remove their children if they file lawsuits against the school.
Sydney Phillips played for the girls' team at St. Theresa's School (pictured) in Kenilworth, New Jersey, last year but the team was scrapped because there weren't enough girls interested
- Why family is making a full-court press to get daughter on boys basketball team | NJ.com
- Girl expelled after suing school to be on boys¿ basketball team | New York Post
- New Jersey girl kicked out of St. Theresa's School after family sued to let her play on boys' basketball team | abc7ny.com
- Appeals Court Judge Orders Girl Expelled for Suing to Play on Boys' Basketball Team Must Be Allowed to Return to Class | NBC New York
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