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IN RE A.H.

No. 21-87 August Term 2020.

999 F.3d 98 (2021)

IN RE A.H. A.H., by and through her parents and natural guardians, James Hester and Darlene Hester, James Hester, individually, Darlene Hester, individually, Roman Catholic Diocese of Burlington, Vermont, C.R., by and through her parents and natural guardians, Gilles Rainville and Elke Rainville, Gilles Rainville, individually, Elke Rainville, individually, E.R., by and through her parents and natural guardians, Chad Ross and Angela Ross, Chad Ross, individually, Angela Ross, individually, A.F., by and through her parents and natural guardians, Daniel Foley and Juliane Foley, Juliane Foley, individually, Daniel Foley, individually, Petitioners, v. Daniel M. French, in his official capacity as Secretary of the Vermont Agency of Education, Michael Clark, in his official capacity as Grand Isle Supervisory Union Superintendent, South Hero Board of School Directors, Champlain Islands Unified Union School District Board of School Directors, James Tager, in his official capacity as Franklin West Supervisory Union Superintendent, Georgia Board of School Directors, Respondents.

United States Court of Appeals, Second Circuit.

Decided: February 3, 2021.

Opinion Issued: June 2, 2021.

Attorney(s) appearing for the Case

David A. Cortman , Alliance Defending Freedom, Lawrenceville, GA ( John J. Bursch and Paul Daniel Schmitt , Alliance Defending Freedom, Washington, DC; Ryan J. Tucker , Alliance Defending Freedom, Scottsdale, AZ; and Thomas E. McCormick , McCormick, Fitzpatrick, Kasper & Burchard, P.C., Burlington, VT, on the brief), for Petitioners.

Jon T. Alexander , Assistant Attorney General ( Benjamin D. Battles , Solicitor General, and Rachel E. Smith , Assistant Attorney General, on the brief), Office of the Attorney General, Montpelier, VT, for Thomas J. Donovan Jr. , Attorney General of Vermont, for Respondent Daniel M. French.

William F. Ellis ( Kevin J. Coyle , on the brief), McNeil, Leddy & Sheahan, P.C., Burlington, VT, for Respondents Michael Clark, South Hero Board of School Directors, Champlain Islands Unified Union School District Board of School Directors, James Tager, and Georgia Board of School Directors.

Before: Jacobs, Sullivan, and Menashi, Circuit Judges.

Four years ago, the Supreme Court reminded states that it "has repeatedly confirmed that denying a generally available benefit solely on account of religious identity imposes a penalty on the free exercise of religion that can be justified only by a state interest of the highest order." Trinity Lutheran Church of Columbia...

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