In response, the Vermont Principals’ Association expelled Mid Vermont Christian from sports participation, claiming that the school’s decision to forfeit the game violates the VPA’s policies related to gender identity, which bans “discrimination based on a student’s actual or perceived sex and gender.”

“Mid Vermont Christian school is ineligible to participate in VPA activities going forward,” the expulsion letter read.

Vermont’s Agency of Education subsequently refused to recognize Mid Vermont Christian School as an approved independent school, which prevented the school from participating in the state’s Town Tuitioning Program. The lawsuit argues that the school meets all requirements to access the program except for its refusal to adhere to the state’s nondiscrimination policies related to sexual orientation and gender identity, which the school says violates its religious beliefs.

“Vermont has an infamous record of discriminating against religious schools and families, whether it be withholding generally available public funding or denying them membership in the state’s sports league because they hold religious beliefs that differ from the state’s preferred views,” Alliance Defending Freedom senior counsel Ryan Tucker, who is representing the school in the lawsuit, said in a statement.

“The state’s unlawful exclusion of Mid Vermont Christian from participating in the tuition program and athletic association is the latest example of state officials trampling on constitutionally protected rights,” added Tucker, who serves as the director of the ADF Center for Christian Ministries. “And egregiously, Vermont continues its blatant discrimination against religious schools despite the U.S. Supreme Court’s ruling in Carson v. Makin that the government cannot exclude families from public benefits just because they choose religious education for their children.”

The lawsuit argues that the state agencies’ actions violate the First Amendment on several grounds, which include the school’s freedom of religion, freedom of speech, and freedom of association. It also claims that the actions constitute unconstitutional retaliation and violate the 14th Amendment’s implied right of parents to control the upbringing of their children, based on prior Supreme Court precedent.