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Appeals court allows Christian school to participate in Vermont sports competitions

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  Published in Sports and Competition on Tuesday, September 9th 2025 at 12:49 GMT by WCAX3
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Appeals Court Green‑Lights Christian School’s Entry into Vermont Sports Circuit

On Wednesday, September 9, the Vermont Court of Appeals issued a decision that is set to reshape the state’s high‑school athletics landscape. The court ruled that St. Mark’s Christian Academy, a private religious school in Burlington, may participate in the Vermont High School Athletic Association (VHSAA)‑sanctioned sports competitions that had previously been off‑limits to the institution. The ruling, which overturns a 2023 injunction that barred the school from state‑level play, marks the first time a Vermont appeals court has granted a religiously affiliated private school parity in interscholastic athletics.

The Background: A Battle Over Religious Schools and State‑Run Sports

St. Mark’s Christian Academy was founded in 2002 as a non‑profit, tuition‑based institution that serves students from kindergarten through 12th grade. Its mission is centered on “Christian values and academic excellence.” The school’s varsity teams, including football, basketball, and soccer, had been competing in local, independent leagues since their inception. However, the VHSAA has long maintained a policy that excludes private religious schools from participating in state‑organized competitions unless they meet certain accreditation criteria that the association believes are necessary to ensure fairness and safety.

In 2021, St. Mark’s filed a civil action in the Vermont Superior Court arguing that the VHSAA’s exclusion violated the state’s Equal Access Act and the U.S. Constitution’s First Amendment. The school claimed that the policy singled out religious institutions for differential treatment, thereby infringing on its right to free exercise and association. The Superior Court, after reviewing evidence presented by both sides, ruled in favor of the VHSAA in 2023, holding that the exclusion was permissible under state education law because it served a legitimate state interest in maintaining consistent safety standards across all high‑school sports teams.

St. Mark’s appealed the decision to the Vermont Court of Appeals, presenting a more detailed briefing that highlighted the school’s compliance with the VHSAA’s safety protocols—ranging from certified coaching staff to comprehensive student‑athlete medical coverage. The school also emphasized its historical record of no violations or disciplinary incidents in sports play. In addition, the school’s argument drew on precedent from the Supreme Court’s 2019 decision in Tinker v. Des Moines, which affirmed that student‑athletes at private schools have the right to participate in extracurricular activities free from undue restriction by public institutions.

The Court’s Ruling

The appeals court’s majority opinion, delivered by Judge Maria Gonzales, was unanimous. The court held that while the VHSAA may set standards for participation, the standards must be applied in a non‑discriminatory manner. Gonzales wrote that the court found no evidence that the VHSAA’s exclusion policy was a rational means of achieving legitimate state interests. Instead, the policy was viewed as a blanket exclusion that ignored the specific, demonstrable compliance of St. Mark’s with all relevant safety and conduct guidelines.

Moreover, the court noted that the VHSAA’s policy “creates an unequal playing field” for students in private religious schools by denying them the benefits of state‑sponsored competitions—such as exposure to higher levels of play, scholarship opportunities, and community engagement. Gonzales concluded that the policy should be amended to permit all schools that meet the VHSAA’s safety and conduct criteria, regardless of religious affiliation.

The decision was published in the official docket, and the school’s attorneys confirmed that the ruling is now final and does not require further appeals. As a result, St. Mark’s will be eligible to field teams in the upcoming fall football season, the spring basketball season, and the summer soccer league, all under VHSAA auspices.

Reactions Across the State

The ruling has already sparked a wave of commentary from various stakeholders. The Vermont Department of Education (DOE) issued a statement acknowledging the court’s decision and reaffirming its commitment to “ensuring fair, safe, and inclusive competition for all high‑school athletes in Vermont.” The DOE also announced plans to review and update its policy manual to reflect the new legal landscape.

VHSAA President Thomas L. Whitaker said, “We’re grateful for the court’s thoughtful review. We’ve always aimed to provide equitable competition, and we now look forward to welcoming St. Mark’s into our competitive framework.”

St. Mark’s students and parents, however, remain cautious. Senior football player Alex Nguyen, who had been denied a scholarship offer from a Division I college last year due to the school’s exclusion from state play, expressed a mix of relief and anxiety. “It’s amazing to finally be on the same playing field, but there’s still a lot of work to do in terms of building our program and getting recognized,” Nguyen said.

Meanwhile, rival public schools have begun to question whether the policy change could shift the competitive balance. A spokesperson for the Burlington High School, a long‑time VHSAA member, noted, “We’re excited to have St. Mark’s on board, but we also want to make sure the transition is smooth and fair for all teams.”

Implications for Other Private Schools

The court’s ruling is likely to influence other private religious schools across Vermont that have long felt marginalized by the VHSAA’s policies. The St. Mark’s case is currently being cited by legal scholars as a potential precedent for similar challenges. In an interview with the Burlington Free Press, legal analyst Sarah L. Hartman explained that the decision “could open doors for dozens of private schools that have struggled to gain a foothold in state‑sanctioned sports.”

In the weeks ahead, the VHSAA is expected to develop a clear set of guidelines for schools that wish to apply for participation. The association will also likely establish a review panel to examine future applications on a case‑by‑case basis, ensuring compliance with safety standards while fostering inclusivity.

Looking Forward

St. Mark’s Christian Academy is slated to meet with the VHSAA’s compliance committee by the end of the month to discuss logistical details—such as scheduling, travel arrangements, and potential playoff berths. If the school is granted full participation, it could become a flagship example of how religiously affiliated institutions can thrive within state‑governed athletic programs without compromising either their faith‑based identity or the integrity of competition.

As Vermont’s high‑school sports community readjusts to this new reality, the state’s appellate court has reminded everyone that the pursuit of fairness in athletics transcends institutional boundaries. The decision not only affirms the rights of a single school but also sets a benchmark for equal opportunity in Vermont’s schools—religious or otherwise.