Vermont Christian school appeals after being banned for forfeiting game against transgender player

A Vermont Christian school has gone back to court after being kicked out of the state sports league for refusing to compete against a male-born player in girls' basketball.

Mid Vermont Christian School filed a motion with the 2nd U.S. Circuit Court of Appeals challenging its expulsion by the Vermont Principals' Association, the governing body for high school sports and activities for the state's 300 public and private secondary schools.

The religious school based in Quechee asked the appeals court in the Friday filing for a preliminary injunction reinstating its membership in the association pending the outcome of litigation.

Mid Vermont argued that the association and state officials were guilty of religious discrimination, but U.S. District Judge Geoffrey Crawford denied its request for a preliminary injunction in June, ruling that the school was unlikely to prevail on the merits.

The Alliance Defending Freedom, which represents the pre-K-12 school based in Quechee, argued that no school or students "should be denied equal access to publicly available benefits simply for holding to their religious beliefs."

"The VPA's blatant act of discrimination and hostility toward Mid Vermont's beliefs violates the First Amendment," said ADF senior counsel Ryan Tucker. "We are urging the court to uphold constitutional protections by guaranteeing the school can fully participate while still adhering to its religious beliefs."

Judge Crawford, an Obama appointee, said it was likely that a court would find that "the states' educational policy of including transgender students on the team of their choice is neutral as to religion and applies to all schools seeking to participate in the VPA."

The alliance disagreed, arguing that 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," Mr. Tucker said Tuesday in a statement.

Mid Vermont forfeited a girls' basketball tournament in February 2023 rather than play against the Long Trail High School, a team that included a male-to-female transgender player, after being denied an accommodation by the association.

School officials cited concerns over violating their religious beliefs, as well as fears about safety and fairness, but the VPA reacted by issuing an "immediate determination of ineligibility" against Mid Vermont, saying it had violated the association's "Policy [on] Gender Identity" and "Commitment to Racial, Gender-Fair, and Disability Awareness."

Mid Vermont was initially barred from participating in all activities, but last month, the school and the association reached an agreement allowing the school to participate in non-athletic coed activities, including the Vermont State Spelling Bee, the Vermont Geo-Bee, and the Vermont Mathematics and Science Fairs.

Twenty-five states have passed bans on male-born athletes in female sports, but Vermont isn't one of them. The state passed a law barring discrimination based on gender identity in 2007.