MORE: Winners and losers: Catholic school's expulsion of sisters upheld in suit

NEWARK -- A judge on Monday refused to order a Catholic school to accept two girls who were denied re-enrollment after their parents sued the school to get one of the daughters on a boys basketball team.

"The court does not have the authority to meddle in this decision," Superior Court Judge Donald A. Kessler said in his ruling on the case in which St. Theresa's School in Kenilworth denied the applications from 13-year-old Sydney Phillips and her younger sister, Kaitlyn, to return to classes.

Kessler said the girls' father, Scott Phillips, who sought an order requiring the school to accept the girls, had "cited no law that would allow the court to interfere with the ecclesiastical (or religious) decision" denying the girls' application to attend the school.

Scott Phillips and his wife and the girls' mother, Theresa Mullen, sought a court order requiring the school and the Archdiocese of Newark, which oversees the school, to allow their daughters to return to the school next month.

Kessler, reading his three-hour-long decision from the bench, lashed out at the parents over the battle with the school. The parents, Kessler said, "made the affirmative decision to make this matter public." The judge agreed with school officials who argued that the family had disrupted the school community.

"One only need to look at the letters of Ms. Mullen, who threatened that if she didn't get her way, there would be consequences," Kessler said.

He also noted that the parents had complained when their older son had not been named valedictorian when he was in the eighth grade at the school in the spring 2016. During the trial, the former school principal testified that Scott Phillips called her a son of a b---- when he was informed his son was not the top student. Phillips denies making that statement

"Why was it so important that a son be named valedictorian of the eighth grade that you had to disrupt several people?" Kessler asked. Several times Kessler said that archdiocese tried to restore "peace and tranquility" to the school after Scott Phillips first filed suit. The judge said the parents never tried to be conciliatory with the school.

Scott Phillips, when asked about the decision, said he disagreed with Kessler.

"It's a sad day to be a Catholic," Phillips said. "I disagree with what he (Kessler) said. I disagree with the way he characterized it."

His lawyer, Susan McCrea, said they had not decided if they will appeal the decision.

Christopher Westrick, the attorney for the archdiocese, said the judge agreed with the right of church to make decisions about the school.

"We're pleased that he (Kessler) saw it our way, and that he upheld our First Amendment rights," Westrick said.

The Archdiocese issued a statement saying it was grateful for the decision that allows school staff to continue its work and restores serenity to St. Theresa's, but adding that church officials are not rejoicing and wish "no ill will" for the Phillips.

"It is our hope that the parents will learn from this experience as they seek alternative venues for their children's education," church officials said.

Last December, Scott Phillips filed a lawsuit to get Sydney on the boys seventh-grade basketball team after the season for the girls team was canceled. Phillips was ultimately successful, and Sydney played on the boys team in February for the last game of the season.

However, two months later, the school rejected the girls' application to return for the coming school year.

Kessler said the decision not to re-enroll the girls had nothing to do with the suit over the basketball team.

The judge said that because the girls' applications to attend class this fall were denied, there was no contract between the family and the school, and there was no legal reason cited for requiring the school to enter a contract.

The parents earlier this year amended their original suit against the school to include parents who signed an online petition calling for the family to be removed from the school.

Kessler criticized the parents for expanding their litigation against the school and other parents, and repeated complaints that the school had previously addressed.

The parents "piled issues on top of resolved issues," Kessler said. He said he was "puzzled" that the parents did not expect that the litigation would generate a reaction of school community.

Kessler said school administrators "took steps to control the atmosphere that Mr. Phillips and Ms. Mullen created." The daughters were not re-enrolled, Kessler said, because of the parents' conduct.

In their complaint, the parents argued the school had bullied their family and refused to respond to their questions, and had denied the girls' application over the lawsuit about the boys basketball team.

In response, the archdiocese contended the Phillips family had bullied school administrators and staff, and had disrupted the school community.

The girls have attended St. Theresa's since preschool. This year, Sydney will be in the eighth grade, the last year she would attend St. Theresa's before going to high school.

The school had also expelled the girls earlier this year. After the original lawsuit was filed last winter, the school ordered the girls removed, saying the parents had violated guidelines against involving the school in litigation.

Days later Cardinal Joseph W. Tobin ordered the girls be allowed to return to the school.

However, the girls' applications to return to class in the fall were rejected, and Scott Phillips returned to court seeking to keep his daughters in St. Theresa's

During the trial, Tobin testified that he made the difficult decision to reject the applications because the family was disruptive to the school.

Tom Haydon may be reached at thaydon@njadvancemedia.com. Follow him on Twitter @Tom_HaydonSL. Find NJ.com on Facebook.