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Boys suspended from VA high school for complaining about trans girl in locker room WIN in federal court

Judge Leonie Brinkema of the US District Court in Virginia granted the plaintiffs an emergency injunction.

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Judge Leonie Brinkema of the US District Court in Virginia granted the plaintiffs an emergency injunction.

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Katie Daviscourt Seattle WA
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A federal judge has sided with two Virginia high school boys who were suspended last month for expressing concerns about a trans-identifying female classmate using the boys’ locker room.

Judge Leonie Brinkema of the US District Court in Virginia granted the plaintiffs an emergency injunction on Tuesday, ruling that the teenage boys from Stonebridge High School would likely suffer irreparable harm if suspended for the first 10 days of school.

The teens came under a Title IX sexual harassment investigation earlier this year after they were videotaped by a female student who identifies as transgender inside the boys' locker room, complaining to one another about the trans classmate using their facilities.

The Loudon County Public School District in Northern Virginia determined, after launching its investigation based on the video and the transgender student's complaint, that the two boys were responsible for sexual harassment and sex-based discrimination. The plaintiffs received 10-day suspensions and a no-contact order, which includes not being in the same classes as the trans-identified female student.

The boys' parents appealed the district's Title X ruling, but were denied, resulting in the case being taken to federal Court. Judge Brinkema blocked the suspension while the case moves forward. One of the boys moved out of state, while the other teen remains in the school district.

"For a Court to issue a temporary restraining order, a plaintiff must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest," the judge wrote in her order. "The loss of 10 days of in-person school early in the school year could have serious negative effects on [the plaintiff], and it appears from the record before the Court that [the plaintiff] has not had contact with the complaining student or continued communicating about that student. Therefore, the Court finds that the balance of equities tips in [the plaintiff's favor, given that [the plaintiff] is likely to suffer irreparable harm in the absence of a temporary restraining order...The Court also finds that the public interest is best served by ensuring high school students remain in school and receive adequate process before being suspended."

Ian Prior, senior counsel for America First Legal (AFL), welcomed the judge's ruling, writing in a statement to Fox News: "We are very pleased with the Court's decision, and we look forward to fighting on behalf of our clients."

The lawsuit argued that the "false Title IX [sexual harassment] charge" against both boys has resulted in "severe emotional, reputational, and educational harm," and must be immediately dropped from their records.

Seth Wolfe, one of the boys' fathers, told Fox News in a statement: "This isn't just about our sons—it's about every child in Loudoun County. If the district can weaponize Title IX in this way, no family is safe. No parent should have to fear their child will be branded a 'sexual harasser' simply for standing up for their privacy."
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