Religious Over Gender Matters?

After refusing to engage in a basketball game with the opposing school, Long Trail, due to a member of the opponent team identifying as transgender, Mid Vermont Christian School is suing state officials. The private Christian school, which offers education from kindergarten to 12th grade, is filing their lawsuit with Alliance Defending Freedom which notes how the school was “irreparably” harmed after they were banned from all athletic play. After refusing to participate in the game in February of 2023, the Vermont Principal’s Association (VPA) noted how Mid Vermont violated its policies to commit to “racial, gender-fair, and disability awareness”, noting further the VPA condemns discrimination and harassment directed towards students at schools or school functions, like a basketball game. Mid Vermont in dispute, claimed that this was an attack on their Christian beliefs to not only condemn their refusal to play but also their ban from all athletic competition by the VPA. Concerning the matter of the canceled game by Mid Vermont, the school simply stated they were abiding by their school’s religious beliefs by not allowing the girl’s basketball team to play against a biological male. The lawsuit officially claims that the state unconstitutionally is forcing private, religious schools, in Vermont to orthodoxy in order to participate in the state’s athletic association. The school continued to argue that it is not constitutional that they are to be discriminated against based on their religious beliefs, which affirm a biological male is a male, and a biological female is a female. The refusal to play in the game against Long Trail, according to Mid Vermont, was only based on religious premises and beliefs. Despite these claims, the VPA continues to oppose such statements, even removing Mid Vermont from the association. The executive director of the VPA responded to Mid Vermont’s claims by noting that if Mid Vermont does not want to follow VPA rules, then they will not participate in the VPA. Vermont is currently one of the 25 states that do not ban transgender students from participating in sports consistent with their gender identity.

The clear issue regarding this case is the freedom of religious exercise by Mid Vermont regarding their education and religious beliefs. Is it constitutional to disallow Mid Vermont to participate in athletics and be removed from the Vermont Principal’s Association due to their refusal to participate in a basketball game involving a transgender student? It is important to consider the “free exercise of religion” clause, but also the power of the VPA, and state laws regarding transgender students in sports. First, the VPA removed Mid Vermont based on the association's beliefs and policies regarding discrimination based on gender, not religious beliefs. The VPA, a voluntary association, which is a democratic government according to their website reserves the right to decide who, and who not will be allowed to participate in their association. Therefore, Mid Vermont does not have the ‘right’ to play in the association, but instead the privilege if they meet such criteria and requirements. On the VPA’s website, they write, "VPA member schools agree to abide by final decisions of the VPA”, therefore if a school does not abide by earlier policies that were democratically created, the VPA has the final decision. Finally, in Vermont, state laws allow transgender students to compete in sports under the gender they identify with, and this right was exercised by such students for Long Trail. In conclusion, the salient issue is concurrent with the constitutionality of removing Mid Vermont from the VPA based on grounds of religious discrimination. Was it constitutional to remove Mid Vermont from the VPA after refusing to play Long Trail? 

 This is a very important, and increasingly prevalent issue in schools nationwide. Considering this case involves the intersecting of religious rights, transgender rights, and constitutional rights, it is hard to decipher the rights that outweigh others. When I was considering this case, I noticed how the concept of neutrality, its impact on children, and why the VPA possibly breached the “free exercise clause”. In my opinion, the VPA is only trying to align itself with state laws regarding transgender students and participation in sports. Additionally, Mid Vermont does not reserve the right to be offended by the participation of transgender students, as it is legal by the state of Vermont. 

 Most importantly, the VPA reserves its right to sanction who and who is not in the association. As the executive director stated, if Mid Vermont wants to follow their own school’s policies and beliefs, which do not align with the VPA, they are welcome to play in another league. Since the school decided to breach such policies of the VPA, they are no longer a member of the VPA. In my opinion, the removal of Mid Vermont was not based on religious discrimination, as they are claiming to the state. The private school has every right to possess and instill Christian values within their students and community, but simply put, they do not possess the right to be in the VPA. The VPA’s intentions of removing Mid Vermont were not based on their religious beliefs, but rather their breach of their association’s policies, which the school agreed to when joining the VPA.

Sources:

https://vtdigger.org/2023/03/13/vermont-religious-school-that-refused-to-play-team-with-trans-player-banned-from-sporting-events/

https://www.lgbtmap.org/equality-maps/youth/sports_participation_bans

https://vpaonline.org/about/bylaws/