A.M. v. French
Description: 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.
Appeals court: Vermont can't discriminate against children attending religious high schools
The following quote may be attributed to Alliance Defending Freedom Legal Counsel Jake Warner regarding the U.S. Court of Appeals for the 2nd Circuit’s decision Friday to grant a preliminary injunction in the lawsuit A.H. v. French (formerly A.M. v. French, and not to be confused with a separate case with the same name) that stops Vermont officials from excluding religious-school students from the state’s Dual Enrollment Program, which had allowed public, private secular, and home-school students to enroll at not cost to them in two college courses before graduating high school but denies that same opportunity to religious-school students:“Vermont officials can’t treat people of faith as second-class citizens by excluding them from generally available public benefits. When the government allows same-district students from public schools, secular private schools, and homeschools to participate in its dual enrollment program but excludes only students from religious private schools, it discriminates against religious students. Today’s decision levels the playing field by ensuring that Vermont parents and students who have chosen a faith-based education can enjoy the same publicly available opportunities as their neighbors.”
Attorneys for a high school student, her parents, and the Roman Catholic Diocese of Burlington filed the lawsuit A.M. v. French in district court. They argued that the recent U.S. Supreme Court decisions in Espinoza v. Montana Department of Revenue and in the ADF case Trinity Lutheran Church v. Comer, support ending Vermont’s discrimination in its dual enrollment program.
Commentary
Previous News Releases
Legal Documents
Related Resources
ABOUT Jake Warner
Jake Warner serves as senior counsel for Alliance Defending Freedom’s Appellate Team. Since joining ADF in 2017, Warner has focused primarily on protecting the freedom of Christians to freely exercise their faith in the marketplace without fear of government punishment. He has served on the litigation teams arguing cases such as Masterpiece Cakeshop Inc. v. Elenis and Telescope Media Group v. Lucero. He has also defended religious freedom more broadly. Prior to joining ADF, Warner served as a judicial law clerk to Senior U.S. District Judge Malcolm J. Howard in the Eastern District of North Carolina. Before that, he engaged in private practice with the firm of Perry, Perry, & Perry, in Kinston, North Carolina, where he primarily represented criminal defendants in both federal and state courts. Warner earned his J.D. at Regent School of Law, graduating magna cum laude in 2011. He obtained his B.A. in history and political science from the University of North Carolina at Chapel Hill in 2006. Warner is admitted to practice in Arizona, North Carolina, and the U.S. Supreme Court, as well as many federal district and appellate courts.