In September 2025, a federal appeals court granted a preliminary injunction, allowing the school to regain participation rights while the case continues. The court found that the ban possibly was rooted less in neutral enforcement and more in hostility to the school’s religious beliefs. (AP News)
“They removed us from the VPA, kicked us out of the league, kicked us out of girls basketball, kicked us out of every sport that they run.” —
Coach Chris Goodwin, MVCS girls’ basketball. (WPTZ)
“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.” —
David Cortman, Senior Counsel, Alliance Defending Freedom (representing MVCS). (AP News)
The Athletics Front
For nearly 30 years MVCS had competed in the state’s association. But after the forfeit, the VPA ruled that the school violated gender-identity and discrimination policies, and issued a blanket ban.
In its brief, MVCS argued that the punishment was “wildly overbroad,” pointing to the fact that the VPA excluded it from all sports, not just the single contested game. (https://www.wcax.com)
The appeals court flagged the VPA’s executive director’s statements to the legislature, noting that they displayed hostility, making the ban look less like policy enforcement and more like punishment for faith.
With the injunction in place, the school is back in the league—for now. But the broader lawsuit remains in motion, and the final decision will still determine whether the act of forfeiting was protected by the Free Exercise Clause, or whether the VPA’s policies trumped the school’s convictions.
The Funding & Education Front
Simultaneously, MVCS has expanded its legal strategy. They are challenging Act 73, a Vermont education-reform law enacted July 2025, which places tougher eligibility rules on private (“independent”) schools for receiving state tuition dollars. Under Act 73, independent schools must be in districts without a public school for certain grades and must have had at least 25% of their students publicly funded in the prior year. (Seven Days)
MVCS argues that the law effectively “weeds-out and excludes religious approved independent schools.”
In its complaint the school states:
“The public-funding floor was created by Vermont legislators so that certain, favored, secular approved independent schools would continue to be able to receive town tuition funding and religious schools could not.” (VTDigger)
If this front succeeds, it could reshape how states approach public funding tied to private and religious schools, and whether religious conviction remains a defensible consideration in eligibility for taxpayer-funded programs.
Why This Matters
For faith-based schools, the twin fronts of sports participation and public-tuition eligibility represent a watershed moment. The athletic case tests whether a school can be punished simply for acting in accordance with its convictions about sex, gender and competition fairness. The funding case tests whether a state may impose criteria that are neutral in form but exclude religious institutions in effect.
The outcome may echo beyond Vermont—into national freedoms, education policy, and how religiously grounded institutions engage with public associations and funding.
Scripture reminds us:
“And let us not grow weary while doing good, for in due season we shall reap, if we do not lose heart.” (Galatians 6:9 NASB) This case invites believers to act courageously, knowing that the good fight includes the legal and cultural dimensions of faith.
What’s Next
- MVCS will continue participating in state athletics under the injunction, but the final ruling will determine whether the VPA’s ban is lawful.
- The case over Act 73 will advance in federal court, likely testing how “neutral” eligibility rules can be before they become exclusionary in practice.
- Watch for how the legal arguments unpack: neutrality vs. hostility, general applicability vs. tailored exclusion, religious freedom vs. policy enforcement.
