A.M. v. French

Vermont maintains a Dual Enrollment Program, under which high school students take college courses at public expense. The program’s main purpose is to promote opportunities for students to achieve postsecondary readiness through high-quality educational experiences. Students at public, secular private, and home-schools are eligible, but the state categorically excludes students at private religious high schools.

Case timeline

• January 2019: ADF filed a lawsuit against the state of Vermont.
• May 2019: The U.S. Department of Justice filed a statement of interest in the case, supporting the principle that students should have every opportunity to pursue their educational goals—even if they attend religious private schools.
• August 2020: The U.S. Court of Appeals for the 2nd Circuit granted an emergency motion for preliminary injunction, halting Vermont’s discrimination against students who attend religious schools while the case continued. The 2nd Circuit relied on the U.S. Supreme Court’s decision in Espinoza v. Montana Department of Revenue, which said that states cannot discriminate in a scholarship programs just because families choose religious schools.
• January 2021: The 2nd Circuit reversed the district court’s decision and granted the preliminary injunction in this case, stopping Vermont officials from excluding religious-school students from the state’s Dual Enrollment Program.