The Vermont Principals' Association has been ordered to reinstate a Christian school following a court ruling that found its actions were influenced by "hostility" toward religious beliefs.
An appeals court has mandated the school’s reinstatement after the school’s girls' basketball team forfeited a game against a team with a male athlete on its roster.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals issued a unanimous opinion on Tuesday in the case of Mid Vermont Christian School et al v. Zoie Saunders et al.
The court’s decision reversed a lower court ruling against Mid Vermont Christian School in Quechee and instructed the case to be sent back to the district court with specific orders.
Circuit Judge Michael Park, a Trump appointee, authored the opinion, noting that the higher court moves to restore the school’s participation in the Vermont Principals' Association. He stated that the court should "grant a 'preliminary injunction insofar as it seeks Mid Vermont’s reinstatement in the VPA.'"
The VPA had previously banned the school from participating in future sporting events after the girls' basketball team refused to play against Long Trail Mountain Lions in February 2023.
The issue was related to the Lions' roster, which included a male athlete who identified as female, prompting the Mid Vermont team to forfeit the game.
Judge Park highlighted that the VPA, which oversees extracurricular activities for the state’s middle and high schools, "was hostile to Mid Vermont's religious views." He added that "The VPA likely violated Mid Vermont's First Amendment right to free exercise of religion because its consideration of Mid Vermont's case was not neutral."
The court’s opinion stated, "Based on the undisputed record, we conclude that Plaintiffs are likely to succeed in establishing that the VPA's decision was indeed accompanied by official expressions of hostility to religion."
Judge Park detailed that "the VPA 'ignored the detailed procedural requirements governing its disciplinary process,' which included 'a formal investigation, a preliminary report, written notice of a probable violation, a recommended penalty, and an opportunity to be heard at a hearing involving counsel and evidence.'"
He criticized the VPA for rushing to expel the school without proper process, stating, "But in its rush to impose an 'immediate' expulsion, the VPA flouted its own rules." Judge Park also argued that "In upholding the expulsion, the VPA doubled down on that hostility by challenging the legitimacy of the school's religious beliefs."
The VPA originally announced the expulsion in March 2023, citing violations of policies against discrimination based on gender identity. A policy document clarifies that "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 explicitly prohibits discrimination "based on a student's actual or perceived sex and gender," where gender includes "a person's actual or perceived sex as well as gender identity and expression."
In response to the controversy, Mid Vermont filed a lawsuit against the VPA, the Vermont Agency of Education, and the Vermont State Board of Education in November 2023.
U.S. District Judge Geoffrey W. Crawford of the District of Vermont, an Obama appointee, ruled against the Christian school in June 2024. He stated that "the state has a legitimate interest in extending the protection of inclusion to transgender students."
