Christian school appeals expulsion over girls’ basketball team refusing to play against male
A Christian school in Vermont is appealing a judge's decision to uphold its ban from sporting activities because its girl's basketball team forfeited a game against a team that had a biological male on its roster.
Mid Vermont Christian School filed an appeal last week before the 2nd U.S. Circuit Court of Appeals as part of its fight to reverse an expulsion issued by the Vermont Principals' Association.
"To justify its expulsion decision, the VPA invoked discretionary policies applied on a 'case-by-case basis' and subject to individualized exceptions," stated the appeal's introduction.
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"And though the VPA penalized Mid Vermont, it lets other schools forfeit games for secular reasons, such as illness, injury, and refusing to play against an athlete with a COVID-19 mask exemption."
The appeal accused the VPA of religiously discriminating against Mid Vermont, arguing that "VPA's actions independently trigger strict scrutiny because they excluded an otherwise eligible religious school from a public benefit solely because of its religious exercise."
"This Court should reverse the district court's order denying a preliminary injunction and direct the district court on remand to enter a preliminary injunction ordering Mid Vermont's reinstatement and prohibiting the VPA from enforcing its policies against Mid Vermont in the ways described in Mid Vermont's motion for a preliminary injunction," the appeal added.
Mid Vermont is represented by the Alliance Defending Freedom, a conservative legal group that has successfully argued First Amendment cases before the U.S. Supreme Court.
"No religious school or their students and parents should be denied equal access to publicly available benefits simply for holding to their religious beliefs," said ADF Senior Counsel Ryan Tucker in a statement on Tuesday.
"The VPA's blatant act of discrimination and hostility toward Mid Vermont's beliefs violates the First Amendment. We are urging the court to uphold constitutional protections by guaranteeing the school can fully participate while still adhering to its religious beliefs."
In March 2023, VPA announced that Mid Vermont was prohibited from participating in upcoming sports events because they refused to play the Long Trail Mountain Lions the month before.
VPA had said that the Christian school's decision went against their policies against discrimination based on gender identity. A policy document states that the member schools must support "an environment in our activities and programs that promotes respect for and appreciation of racial, gender, sexual orientation, religious and ethnic differences, and is disability aware."
The VPA prohibits discrimination "based on a student's actual or perceived sex and gender," with gender including "a person's actual or perceived sex as well as gender identity and expression."
"The student's home school will determine the eligibility of a student seeking to participate in interscholastic athletics in a manner consistent with their gender identity where the student's gender identity does not correspond to their sex assigned at birth," the policy document added.
"The Superintendent (or designee) will confirm the gender identity asserted for purposes of trying out for an interscholastic sports team through documentation from the parent, guardian, guidance counselor, or a doctor, psychologist, counselor, or other medical personnel. A medical diagnosis shall not be required."
Last November, Mid Vermont filed a lawsuit against VPA, the Vermont Agency of Education and the Vermont State Board of Education over the expulsion and denial of access to a state tuition program.
U.S. District Judge Geoffrey W. Crawford for the District of Vermont, an Obama appointee, ruled against the Christian school in a June decision, concluding in part that "the state has a legitimate interest in extending the protection of inclusion to transgender students."
"It is not necessary to agree with the decision the VPA and the Agency of Education reached. It is enough to recognize that their policy of inclusion received broad support from elected officials and representatives, from medical authorities, and from existing state law," wrote Crawford.
"Since the state applies its athletic policy uniformly and does not single out religious organizations for enforcement or discrimination, it is unlikely to be found to have violated Mid Vermont's First Amendment rights, including its right of free exercise of religion."
