Alliance Defending Freedom (ADF) is representing Mid-Vermont Christian School in a case at the 2nd Circuit Court of Appeals known as Mid-Vermont Christian School v. Saunders.
ADF says the school and its students are being denied participation in the state's tuition program and sports league because of its religious beliefs. This, after the girls' basketball team (shown above) did not want to compete in a state tournament against another team that had a male on the roster. That was in February of 2023.
"Vermont, through its Agency of Education and Vermont Principals' Association, requires private, religious schools like Mid Vermont Christian to adopt the state's view on human sexuality and gender—namely, that sex is mutable and biological differences do not matter—as a condition to participate in the state's tuition program and athletic association," says ADF in a press release. "Doing so violates the First Amendment rights of Mid Vermont Christian, its students and families, and other faith-based schools by preventing them from practicing their religious beliefs about sexuality and gender."
AFN is seeking comments from Vermont Principals' Association (VPA), the organization that oversees state athletics.
Mid Vermont chose to withdraw from the 2023 state tournament after it was matched against Long Trail, a team with a biological male.
MVCS head of school Vicky Fogg issued a statement citing concerns for safety and the integrity of girls’ and women’s sports.
"We believe playing against an opponent with a biological male jeopardizes the fairness of the game and the safety of our players," she wrote. "Allowing biological males to participate in women's sports sets a bad precedent for the future of women's sports in general."
ADF is asking for a preliminary injunction that would order VPA to let Mid Vermont Christian School back into the league and allowed to compete as the lawsuit moves forward.
"Coming out of the hearing, it went well," says ADF attorney Jacob Reed. "Mind you, we lost in the lower courts, so we're asking the Court of Appeals to overturn that decision, but I think we're optimistic."
Reed says the judges seemed responsive to ADF's argument while "a few of the judges on the panel were asking in VPA lawyers some pretty tough questions" during Wednesday's oral argument.
"In fact, one of the judges on the panel said something to the effect of the VPA decision was wildly punitive, only meant to punish Mid Vermont Christian School which is exactly the case," says Reed. "We're optimistic and you know God willing will get a good decision here."
