The Second Circuit Court of Appeals ruled Tuesday that Vermont must allow a Christian school back into the state's athletic association.
The Vermont Principals' Association expelled the school and its students from participating in all state-sponsored sports. The reason? The school's girls' basketball team, shown above, forfeited a game against an opposing female team with a male player.
It was late February of 2023 when Mid Vermont Christian School withdrew from the state basketball tournament once it was matched against Long Trail, an opponent with a transgender player.
Officials at Mid Vermont, which is located in Quechee, Vermont and enrolls 103 students from pre-kindergarten to 12th grade, decided to just say no to subjecting their girls to a biological male player, citing safety of Mid Vermont players and the integrity of the game.
"We believe playing against an opponent with a biological male jeopardizes the fairness of the game and the safety of our players," MVCS head of school Vicky Fogg wrote in a prepared statement. "Allowing biological males to participate in women's sports sets a bad precedent for the future of women's sports in general."
Alliance Defending Freedom attorneys went to court on behalf of Mid Vermont Christian School and one of its families.
"The Second Circuit ruled that that expulsion violated the First Amendment because it was not neutral," ADF legal counsel Jacob Reed told AFN. "The VPA displayed hostility towards the school's religious beliefs, which is a violation of Mid Vermont Christian's free exercise rights, so it was a great decision today coming out of the Second Circuit."
Fogg declined a request by American Family News for further comment in 2023. Two other Christian schools in Vermont also declined comment.
Vermont Agency of Education policy at the time stated that "students should be permitted to participate in physical education and sports in accordance with the student's gender identity. Participation in competitive athletic activities will be resolved on a case-by-case basis."
The VPA cited that state policy in its decision to expel MCVS. There were no reported attempts to resolve the case in a different manner.
Remember the Baker
One case the court cited is the Masterpiece Cakeshop case at the U.S. Supreme Court. ADF was also involved in that case.
"It establishes the quite simple premise that the government cannot show hostility towards, or question or not sincerely consider the religious views and objections from people and here, religious schools," said Reed. "So, it's really nothing new, courts should already be applying this precedent across the country, but it's good to see the Second Circuit reached the right conclusion here today, and like I said, a great victory for Mid Vermont."
Reed added that this is all the more reason why people of faith fight for their rights in court.
"The Supreme Court has said that people live out their faith not only by following and performing certain acts but also abstaining certain acts," said Reed. "That's what Mid Vermont Christian did here. They abstained from playing a basketball game that would have violated their religious convictions."
