Vermont Christian School Appeals Sports League Ban Over Protecting Girls’ Basketball Team from a Male Player

A girls’ basketball coach at Mid Vermont Christian School withdrew his team from the first round of a state-sponsored tournament after he realized his team would have to play another girls’ team that allowed a boy to play on it. He did not want to risk injury for any of his players.

Boys just play “at a different speed, a different force…it’s a different game,” he said.

The coach said he’d discussed the matter with the girls, parents, and the school administration.

The Vermont Principals’ Association (VPA) apparently did not share his views on protecting girls and blocked Mid Vermont Christian School from participating in VPA-sponsored competitions in the state — after 28 years of participating.

The school sued the VPA, the school board, and other parties and asked the lower court for a temporary injunction. The court denied the motion. Alliance Defending Freedom, which represents the school and other plaintiffs, filed an appeal with the U.S. Court of Appeals for the Second Circuit last Friday.

The school said the court erred in applying a rational-basis review instead of strict scrutiny and refusing to stop VPA’s expulsion of the school.

The VPA’s actions independently trigger strict scrutiny because they excluded an otherwise eligible religious school from a public benefit solely because of its religious exercise. The district court recognized this principle favors Mid Vermont’s inclusion, but it failed to apply the relevant cases. The VPA concedes it is a state actor, and it offers Vermont schools a public benefit using public funds. Yet the VPA excluded Mid Vermont for exercising its faith. That requires strict scrutiny. [emphasis added]

“No religious school or their students and parents should be denied equal access to publicly available benefits simply for holding to their religious beliefs,” said ADF Senior Counsel Ryan Tucker.

Although the coach did the right thing, the VPA punished him and the girls by blacklisting the team, as ADF said.

“The VPA cannot wield such unbridled discretion, accept when schools forfeit games for secular reasons,” Tucker added, “and then expel Mid Vermont for forfeiting a game based on its religious beliefs.”

Photo credit: Alliance Defending Freedom

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