Vermont Christian school wins religious liberty fight after refusing to play against transgender athlete 

A federal appeals court has ruled that Vermont officials unlawfully discriminated against a Christian school for standing by its biblical convictions on gender, handing a major victory to religious…

A federal appeals court has ruled that Vermont officials unlawfully discriminated against a Christian school for standing by its biblical convictions on gender, handing a major victory to religious freedom advocates nationwide. 

The 2nd U.S. Circuit Court of Appeals in New York ruled Tuesday that Mid Vermont Christian School must be allowed back into the state’s athletic association after being banned for nearly two years. The school was exiled in 2023 when its girls’ basketball team forfeited a state playoff game rather than compete against a 6-foot tall biological male on the opposing team. 

At the time, the Vermont Principals’ Association (VPA) accused the school of “blatant discrimination under the guise of religious freedom” and punished it by permanently banning all of Mid Vermont’s athletic teams from league play. The ban included non-athletic activities like spelling bees, although an agreement was reached last fall to allow participation in those events. 

The school and one of its families, represented by Alliance Defending Freedom (ADF), filed suit in federal court, arguing the expulsion violated their First Amendment rights. 

“The government cannot punish religious schools – and the families they serve – by permanently kicking them out of state-sponsored sports simply because the state disagrees with their religious beliefs,” said ADF Senior Counsel David Cortman, who argued the case before the appeals court.  

“For over two years, state officials have denied Mid Vermont Christian School a public benefit available to all other schools in Vermont just because it stood by the widely held, biblical belief that boys and girls are different. The 2nd Circuit was right to uphold constitutional protections by guaranteeing the school can fully participate while still adhering to its religious beliefs.” 

The court’s opinion drew a clear parallel to the U.S. Supreme Court’s 2018 Masterpiece Cakeshop decision, posted ADF President Kristen Waggoner, where justices rebuked Colorado officials for displaying hostility toward baker Jack Phillips’ Christian beliefs. Likewise, the 2nd Circuit found that Vermont officials had openly disparaged Mid Vermont’s religious convictions. 

“[Mid Vermont Christian and the Goodwins] are likely to succeed in establishing that [state officials] acted with hostility toward Mid Vermont’s religious beliefs,” the court wrote in Mid Vermont Christian School v. Saunders. “The VPA’s Executive Director publicly castigated Mid Vermont – and religious schools generally – while the VPA rushed to judgment on whether and how to discipline the school. In upholding the expulsion, the VPA doubled down on that hostility by challenging the legitimacy of the school’s religious beliefs. And as noted above, the punishment imposed was unprecedented, overbroad, and procedurally irregular.” 

The ruling is a vindication for Coach Chris Goodwin, who led the girls’ basketball team that sparked the controversy. 

“I never thought I would be in court for simply adhering to my Christian and commonsense belief that boys and girls are different,” Goodwin said in ADF’s release. “At Mid Vermont Christian School, we strive to exemplify biblical truth in and through everything we do. As a coach, I always want my team to play in fair and safe competitions. As a dad, I want my daughter to know that she should always stand up for her beliefs and should never be punished for that decision.” 

The controversy is especially striking given the VPA’s own stated policies, ADF said. The association claims it bars boys from competing on girls’ teams “to protect opportunities for girl athletes,” but also permits biological males who identify as female to play against girls. Mid Vermont was told its teams could either compete against male athletes or be excluded entirely. 

Although the ruling grants a temporary injunction, allowing athletic teams to resume immediate participation in state events, the win is a boost should the case proceed to trial in U.S. District Court or the ruling be appealed to the U.S. Supreme Court, which has issued recent rulings in favor of religious freedom. 

Waggoner, who argued the Masterpiece case before the Supreme Court, celebrated the victory. 

“Today’s ruling stands as a rebuke to Vermont officials’ religious intolerance – and a vindication of Mid Vermont’s courage,” she wrote. “I couldn’t be prouder of their coach and players for standing by their convictions, even under intense national scrutiny. 

“I’m also grateful to see Masterpiece continuing to have ripple effects for the benefit of religious plaintiffs,” she added. “It’s a good reminder that in the fight for liberty, we’re playing the long game. And we’re playing to win.” 

(Image credit: Alliance Defending Freedom)