[Stardust]

HIGHLAND HEIGHTS, KY.— — A federal appeals court has heard arguments in a case that could affect high school athletics across Kentucky.At issue is a Kentucky High School Athletic Association rule that limits merit-based aid at private high schools to no more than 25 percent of the cost of tuition if a student wants to play a sanctioned sport.

Richard and Nancy Evans, whose daughter goes to a Catholic school in Louisville, sued over the rule saying it discriminates on the basis of religion.

“Our most precious freedom, the freedom of religion, is under attack throughout this great nation of ours,” said attorney Ted Gordon, who is representing the parents. “The frontal attack by state government to take away or limit this fundamental freedom must fail. … To make these parents choose high school sports over a well-rounded religious education is the ultimate violation of our most basic freedom.”

The athletic association said during oral arguments that the rule is applied uniformly and guards against private schools using scholarships to recruit athletes.

“We believe the rule, both on its face and how it is applied, doesn’t discriminate on the basis of religion,” said the athletic association’s lawyer, Theodore Martin of Lexington.

The arguments over the constitutionality of the rule were made Wednesday to a three-judge panel of the 6th U.S. Circuit Court of Appeals, according to The Kentucky Enquirer.

They come after a two-year legal battle, which has exposed the dichotomy that exists between public and Catholic schools involved in sports sanctioned by the athletic association. Gordon said it exists because Catholic schools dominate high school football and girls’ basketball.

Gordon argued the rule was “created under the guise” of alleged illegal recruitment, but in reality takes away parents’ fundamental rights to choose between accepting scholarships to religious-based schools or allowing their children to play sports.

“At the heart of appellants’ First Amendment argument is their fundamental right to control the upbringing and education of their children,” Gordon said. “This right has been negated by the (athletic association).”

Martin called the claims baseless and misleading. In his brief, he said he was offended by Gordon’s “sweeping statements regarding alleged assaults on the right to freedom of religion.”

“Such unfounded statements are meant only to inflame and prejudice, and should be disregarded,” Martin said.

He said the rule allows for need-based financial aid up to 100 percent of tuition.

“Thus, if a family truly cannot afford private school tuition but wishes to send their child to such a school, they may receive financial aid and their child may still play in sports,” Martin said.