Court: Plaintiffs Have Met Burden That VA School District’s ‘Transgender’ Policy is Unconstitutional

The bureaucrats in Fairfax County Public Schools in Virginia don’t seem to care about girls in their schools. Girls don’t want boys in their restrooms and locker rooms. But boys who decide to dress like girls are allowed to violate their privacy and to risk their safety.

The school district also punishes students who “misgender” other students.

But it may not be that way for much longer.

America First Liberty (AFL) filed a lawsuit in March on behalf of a girl who opposes the restroom policy. AFL added more students to the lawsuit in September. The law firm recently announced that a court ruled in their favor. They have demonstrated sufficient facts to show the pronoun policy violates the First Amendment and the bathroom policy constitutes sex-based discrimination. From AFL (emphasis added):

The critical case will now proceed — despite five attempts by the school district to prevent the case from being considered. AFL looks forward to advancing this lawsuit and ensuring FCPS is held accountable for its radical, discriminatory policies that violate students’ constitutional rights.

Ian Prior, a senior advisor at AFL, called the decision a major win for students in the district.

“Policies that compel students to refer to other students by their preferred names and pronouns strike at the heart of the core fundamental rights of free speech and free exercise,” he said. “And bathroom policies giving ‘transgender and gender expansive’ students the right to use any bathroom of their choice, while relegating other students to private restrooms if they are uncomfortable, constitute  discrimination on the basis of sex. We look forward to moving forward in this case and continuing to fight these battles in Virginia and through America.”

Photo credit: By Famartin – Own work, CC BY-SA 4.0, link

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