Under current Virginia High School League (VHSL) rules, homeschooled students are barred from competing on their local public school teams.
The family of Samuel Palmer initially filed a federal lawsuit against the VHSL and the Roanoke County School Board in March. After a federal judge denied a preliminary injunction that would have allowed him to run track immediately, the family voluntarily dismissed the federal lawsuit and refiled for a civil injunction in state court.
Founding Freedoms Law Center (FFLC) has filed suit on Palmer's behalf, arguing that the ban violates the state constitution because his family homeschools him out of religious conviction.
"Ultimately, this is a question about religious freedom and whether homeschool families who homeschool for religious reasons get to have the same opportunities as other families and kids do," says John Hetzler, FFLC's executive director and chief counsel.
"We don't think that kids should be discriminated against because their parents choose to homeschool them for religious reasons, and that includes the ability to play sports for their local team," he adds.
Earlier this week, following the family's appeal of the Roanoke Circuit Court's ruling against the preliminary injunction, the Supreme Court of Virginia agreed to take up Palmer v. Virginia High School League.
The appeal seeks to allow Palmer to run track while the lawsuit proceeds. Hetzler says time is critical for young athletes.
"He's only got a couple of years to run, and he wants to make the most of that time," the attorney explains.
Oral arguments are scheduled to begin in March 2027, and the lawsuit could take a year or two to resolve.
Hetzler points to recent state Supreme Court precedent expanding religious freedom protections in Virginia and says he is optimistic that a favorable ruling could set a precedent for homeschool families across the Commonwealth and nationwide.
