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Originally Posted by Matt
Judging by the name TAPPS (I'm using that as my defense later,) the delineation is not religion per se, but whether a school is public or not. If this is the case, then the minister really doesn't have much shot at a case based on equal protection--funding source does not make one a member of a protected class.
OTOH, if the correlation between a schools being private and schools being religious is close to 1, then the case could be raised that it is de facto delineation based on religion, and he might have a bit higher chance at succeeding. However, I don't see a court stating that access to particular interscholastic opponents is a right or privilege under the 14th Amendment.
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If, as in Washington, Texas already exerts some influence and control in the business of private schools by accredting them or their curricula, I would think the private schools could make a case that their sports should be subject to the same kind of oversight via TASO. That however, could be a case of "be careful what you wish for."