BURLINGTON, Vt. (AP) — The U.S. Department of Justice has filed a brief that supports an effort by a Vermont student who attends a religious school to participate in a state program.

The group Alliance Defending Freedom filed a federal lawsuit against the Vermont Education Agency on behalf of some Rice Memorial High School students. They said they wished to take college classes under the Vermont Dual Enrollment program, but were excluded because they attend a Catholic school.

A federal judge denied a preliminary injunction but a federal appeals court recently granted an injunction to stop Vermont from excluding the students while an appeal is pending.

On Wednesday, the U.S. Department of Justice said that the appeals court should overturn the district court’s earlier denial.