A federal appeals court has ruled in a favor of a Christian school in Vermont that was banned by state officials from participating in school competitions for refusing to play against a team with a transgender-identifying athlete.
The U.S. Court of Appeals for the Second Circuit issued an order on September 9 overturning a lower court order and granting a preliminary injunction to Mid Vermont Christian School blocking the Vermont Principals’ Association (VPA) expulsion of the school as litigation goes on, Fox News reported. The panel of judges ruled that the school is “likely to succeed” on its Free Exercise claim because the VPA’s actions show “hostility toward the school’s religious beliefs.”
In February of 2023, Mid Vermont’s girls basketball team “forfeited a playoff game against Long Trail School” after they found out “a transgender-identifying male student” was on the opposing team. Mid Vermont school officials said at the time that they were concerned about fairness and safety for their female players, according to the report.
A few weeks later, the VPA responded by expelling the Christian school from all state-sponsored sports, as well as non-athletic events such as science fairs and spelling bees.
Alliance Defending Freedom subsequently filed a lawsuit against state officials on behalf to the Christian school and one of its families. The lawsuit alleges that state officials punished the school for exercising its religious liberty, which is protected by the First Amendment.
VPA Executive Director Jay Nichols allegedly accused the school of “blatant discrimination under the guise of religious freedom” just two days after the school forfeited the game, according to court documents. The VPA’s appeals committee also called the school’s safety concerns a “myth” and labeled its religious objection “wrong,” the report states.
“It is a myth that transgender students endanger others when they participate in high school sports or create unfair competition,” the committee wrote.
Head coach Chris Goodwin, who has held the position for almost a decade and whose daughter is a member of the team, told the outlet that the school’s decision was tough but necessary.
“It’s clear in Scripture that there is a difference between males and females. So if we decided to play that game, in essence, we’d be agreeing with the state’s belief system that boys can be girls and male athletes can be female athletes,” he said.
Goodwin told the outlet his team had to drive several hours away to neighboring states to compete in a Christian league after the VPA’s decision, which resulted in athletes losing exposure and scholarship opportunities.
“Athletics in high school and junior high is a really big part of the overall educational experience. So for that to be taken away from the kids was very disappointing, and for them to lose out on opportunities to be recognized in the state as all-state athletes or all-conference athletes and also have the possibility of receiving scholarships is a big deal. And they were denied that opportunity by the state,” he said.
David Cortman, senior counsel with Alliance Defending Freedom, told the outlet the Second Circuit’s decision should set a precedent and protect other religious schools that face similar dilemmas.
“So having to force the school to make a choice between standing up for their religious beliefs and losing out on all their athletics was an improper choice for the state to make,” he said. “So we’re glad the court righted that wrong and are now looking forward to the school getting back into all the athletics and being treated on the same basis as everybody else.”
Nichols told the outlet the association does not comment on ongoing legal matters but said it does not discriminate based on religious beliefs.
