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Second Circuit Reinstates Vermont Christian School Over Likely Free-Exercise Violation

Judges cited hostile statements by league leaders as evidence the rules were not applied neutrally.

Overview

  • The New York-based appeals court issued a preliminary order requiring the Vermont Principals’ Association to allow Mid Vermont Christian School to compete while the case continues.
  • The panel said the VPA likely violated the Free Exercise Clause, highlighting Executive Director Jay Nichols’s comments to lawmakers and calling the punishment unprecedented, overbroad, and procedurally irregular.
  • The ruling reverses a district court decision that had left in place the school’s 2023 expulsion after it forfeited a girls’ playoff game rather than face a team with a transgender player.
  • The VPA has declined substantive comment on the pending case and denies religious animus, arguing that barring a transgender athlete would violate its nondiscrimination policy and Vermont law.
  • Alliance Defending Freedom represents the school, and the dispute advances as the U.S. Supreme Court plans to review Idaho and West Virginia transgender-athlete bans this fall.