In a decision that’s reverberating far beyond Vermont’s borders, a federal appeals court has ordered the reinstatement of Mid Vermont Christian School to the state’s athletic league, reigniting the national debate over religious freedom and transgender inclusion in school sports. The ruling, handed down by the U.S. Court of Appeals for the Second Circuit on September 9, 2025, granted the Quechee-based private school a preliminary injunction to rejoin the Vermont Principals’ Association (VPA) while the underlying legal battle plays out in court.
The controversy began in 2023, when Mid Vermont Christian’s girls’ basketball team forfeited a playoff game rather than compete against Long Trail School, whose roster included a transgender girl. As reported by The Independent, school officials argued that allowing the transgender athlete to play jeopardized “the fairness of the game and the safety of our players.” The school, citing its religious beliefs, asked the VPA to bar the athlete—whom it described as a “biological male”—from participating. The VPA, however, refused, standing by its anti-discrimination policy and Vermont state law, both of which permit transgender students to compete in accordance with their gender identity.
The fallout was swift and far-reaching. The VPA’s executive council ruled that Mid Vermont Christian had violated its policies on race, gender, and disability awareness. The school was suspended not only from athletic competitions but also from all extracurricular activities governed by the VPA, including debate tournaments, spelling bees, science fairs, and drama festivals. This blanket ban marked the first time a school had been excluded from all VPA activities for forfeiting a single game, as noted by Law Notes.
When Mid Vermont Christian reapplied for VPA membership the following academic year, it declined to agree to the association’s non-discrimination policy. Instead, the school filed a lawsuit, claiming that the VPA’s actions violated its First Amendment right to religious freedom. Represented by the Alliance Defending Freedom—a group well known for litigating on behalf of religious clients in culture war flashpoints—the school sought a preliminary injunction to restore its membership while the case was pending.
The initial round in federal court did not go the school’s way. District Judge Geoffrey Crawford found that the VPA’s non-discrimination requirement was “neutral” regarding religion and that the school’s forfeiture justified its suspension. But on appeal, a three-judge panel of the Second Circuit unanimously reversed that decision, concluding that the VPA’s actions were “tainted by hostility” toward Mid Vermont’s religious beliefs about gender identity. The panel, comprised entirely of Republican appointees—Judges Michael Park, Richard Sullivan, and Senior Judge Richard Wesley—ordered the district court to issue the preliminary injunction, restoring the school’s VPA membership for now.
The appellate court’s opinion, authored by Judge Park, leaned heavily on the Supreme Court’s 2018 Masterpiece Cakeshop ruling. In that case, the Court sided with a baker who refused to make a wedding cake for a same-sex couple, finding that Colorado’s civil rights commission had displayed “open hostility” toward his religious views. Drawing a direct analogy, Judge Park cited three main reasons for finding similar hostility in the Vermont case: statements by the VPA’s executive director at a legislative hearing, a formal statement issued by the VPA’s governing committee when it rejected the school’s appeal, and the association’s failure to follow its own established procedures.
One particularly striking moment came when VPA executive director Jay Nichols testified before a Vermont legislative committee just days after the game forfeiture. Nichols, as quoted by The Independent, told lawmakers, “thank goodness the student in question didn’t attend that religious school,” and argued that Vermont should not condone such discrimination. The court found such remarks indicative of an official stance that was not neutral but openly critical of the school’s religious perspective. “Put simply, the VPA may not impose discipline based on its view that Mid Vermont’s religious objection was ‘wrong,’” the court concluded.
The court also noted the unprecedented nature of the VPA’s response. Never before had a school been suspended from all events for forfeiting a single game. The panel described the ban as “overbroad, and procedurally irregular,” echoing the Supreme Court’s warning in Masterpiece Cakeshop against government actions that appear to target religious beliefs for special disfavor.
Alliance Defending Freedom attorney David Cortman, representing the school, celebrated the ruling. “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,” he said in a statement provided to The Independent.
Meanwhile, the VPA partially reconsidered its position during litigation, allowing Mid Vermont students to participate in co-educational non-sports activities. This move was seen by the appeals court as an implicit admission that the original, sweeping suspension may not have had a “rational basis,” as required by the Supreme Court’s interpretation of the First Amendment.
The case is far from over. The VPA could seek a rehearing by the full Second Circuit, where Democratic appointees hold a slim majority. However, given the weight of Supreme Court precedents cited by Judge Park—including last term’s Mahmoud v. Taylor (upholding parents’ rights to opt children out of LGBTQ-related curriculum) and Fulton v. City of Philadelphia (protecting a Catholic foster agency’s right to refuse same-sex couples)—a reversal appears unlikely, though not impossible.
This legal saga is unfolding against the backdrop of a broader national debate over transgender athletes in school sports. As The Independent notes, at least 26 states have enacted laws restricting transgender girls and women from participating in certain girls’ or women’s sports competitions. The Trump administration had previously pressed states to adopt such measures, and the U.S. Supreme Court is expected to weigh the constitutionality of these bans in its upcoming term. The outcome of that case could have ripple effects for Vermont and beyond.
For now, Mid Vermont Christian School’s teams and students are back in the game—at least temporarily. The case stands as a vivid illustration of how questions of religious liberty, anti-discrimination protections, and the rights of transgender youth continue to collide in America’s courts, legislatures, and communities. The final result, when it comes, will shape not just Vermont’s policies but the national conversation about faith, fairness, and inclusion for years to come.
