In a huge victory for American Christian schools, a US Court of Appeals has ruled that the state of Vermont must allow a Christian school to participate in the state’s sporting competitions.
The ruling ended the Vermont Principals’ Association (VPA)’s two-year ban on Mid Vermont Christian School’s participation in state-sponsored sporting events.
The VPA had expelled the school’s basketball team from all competitions for forfeiting a 2023 game against a team with a transgender player on the roster.
The ban was extended to all state-sponsored sports and even a state tuition program.
VERMONT’S SCHOOL RULES VIOLATE FIRST AMENDMENT RIGHTS
Vermont, through its Agency of Education and the VPA requires Christian schools like Mid Vermont to adopt the state’s view on human sexuality and gender — namely, that sex is mutable and biological differences do not matter — as a condition to participate in the state’s sport and tuition programs.
Lawyers claim that’s in violation of a school’s First Amendment rights to freedom of speech and religion.
Mid Vermont and one of its families sued the state, citing religious conviction in its initial court filing, along with concerns over safety and fairness during games.
Its lawyers from Alliance Defending Freedom claimed the state sport association violated players’ First Amendment rights to religious practice when it expelled the team.
WHAT THE COURTS DECIDED
A federal judge initially rejected the school’s religious discrimination argument in a June 2024 ruling, noting the state’s rulebook clearly allowed males identifying as females to play on women’s teams.
He concluded the association’s rules were applied equally and did not unfairly target Mid Vermont for its religious convictions.
However, the federal appeals court cited the merit in Mid Vermont’s religious argument.
It concluded the school was likely to succeed in establishing that state officials acted with hostility towards the team’s religious beliefs.
STATE OFFICIALS SHOWED HOSTILITY TOWARDS CHRISTIAN SCHOOL
“The VPA’s Executive Director publicly castigated Mid Vermont –– and religious schools generally — while the VPA rushed to judgment on whether and how to discipline the school,” the court ruled.
“In upholding the expulsion, the VPA doubled down on that hostility by challenging the legitimacy of the school’s religious beliefs.”
“The punishment imposed was unprecedented, overbroad, and procedurally irregular.”
“Those facts strongly support the inference that Mid Vermont’s religious objection ‘was not considered with the neutrality that the Free Exercise Clause requires.’”
THE ARGUMENT IN SUPPORT OF THE SCHOOL
“The government cannot punish religious schools and the families they serve, by permanently kicking them out of state-sponsored sports simply because the state disagrees with their religious beliefs,” said ADF Senior Counsel and Vice President of US Litigation David Cortman.
He argued in court. “For over two years, state officials have denied Mid Vermont Christian School a public benefit available to all other schools in Vermont — just because it stood by the widely held, Biblical belief that boys and girls are different.”
THE SCHOOL COACH’S VIEW
“I never thought I would be in court for simply adhering to my Christian and commonsense belief that boys and girls are different,” said Chris Goodwin, coach of the girls’ basketball team.
“At Mid Vermont Christian School, we strive to exemplify Biblical truth in and through everything we do.”
“As a coach, I always want my team to play in fair and safe competitions.”
“As a dad, I want my daughter to know that she should always stand up for her beliefs and should never be punished for that decision.”
WHAT HAPPENS NEXT
The Court of Appeals has sent the case back to the lower courts for another ruling.
Mid Vermont will be able to participate in state-sponsored sports while litigation continues.
It remains unclear whether the school will be allowed to continue to forfeit games against teams with transgender players.
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