America First Legal sues Fairfax County schools for forcing students to use preferred pronouns

America First Legal has sued Fairfax County Public Schools (FCPS) in Virginia for forcing students to use preferred pronouns, allowing boys to use the girls' bathroom, as well as sex and religious discrimination.  

The lawsuit is on behalf of a female high school student in the Fairfax County school and alleges the policies at FCPS compelled the student "to speak in a manner that violates her sincerely held philosophical and religious beliefs" as well as discriminate "against her because of those sincerely held philosophical and religious beliefs, and discriminate against her on the basis of sex, all in violation of her rights guaranteed to her by the Constitution of the Commonwealth of Virginia."

Regulation 2603.2, entitled "Gender-Expansive and Transgender Students" requires students in the FCPS system to refer to “students who identify as gender-expansive or transgender by their chosen name and pronoun, regardless of the name and gender recorded in the student’s permanent pupil record.” 

The lawsuit says that the regulations "unconstitutionally violate the Petitioner’s philosophical and religious beliefs by compelling her to share a restroom with a biological male." 

Under FCPS' "Rights and Responsibilities of Students" booklet, a right that is included is that students have the "right to be called by chosen names and pronouns" as well as the "right to access restroom and locker room facilities and other non-stigmatizing accommodations that are consistent with the student’s gender identity, faith, and for any other reasons as identified in Regulation 2603." 

Over the summer, FCPS, the largest school district in the state, refused to comply with Gov. Glenn Younkin's measures that go against mandated pronoun usage as well as required facilities and activities to be segregated based on biological sex.

American First Legal Senior Advisor said of the case, “Fairfax County Public Schools appears to believe that its policies and regulations can override the Virginia Constitution’s protections for religious beliefs, speech, and from government discrimination on the basis of sex and religious beliefs. It is well past time for FCPS to stop sacrificing the constitutional rights of its students so that it can implement a state-sanctioned ideology that demands compliance in speech, beliefs, and conduct. Unfortunately, FCPS has repeatedly demonstrated that it will not voluntarily comply with the Virginia constitution and the Virginia Supreme Court’s rulings, so it will be up to students and parents to enforce their rights through the courts. We are proud to help them do just that."