Virginia's Fairfax County school trans policies face challenge from America First Legal

A second court hearing was held last Friday for the lawsuit against Fairfax County Public Schools (FCPS) policies concerning gender-inclusive bathrooms and pronoun usage. The policy in question permits students to use the bathroom that aligns with their gender identity rather than their biological sex. It also expects students to use the “preferred” pronouns of their classmates.

The lawsuit, filed by America First Legal on behalf of an FCPS student, argues that the district's policy violates the student's sincerely held religious beliefs and discriminates against the student based on sex. The Virginia Attorney General's office supported the student's position by filing an amicus brief, which the judge allowed, despite FCPS's objections.

Ian Prior from America First Legal welcomed the Attorney General's support, stating, “This is obviously something that's been a source of contention in Virginia, especially northern Virginia for a while, where policies like this really compel students to speak on controversial political and religious issues in violation of their rights. And the Supreme Court of Virginia has recently stated you can’t do that.”

FCPS attorneys countered that the lawsuit, brought forward after the student had graduated, was moot and aimed to deny the rights of transgender-identifying students rather than protect the rights of the student involved, according to ABC 7. 

In a statement, FCPS Superintendent Dr. Michelle Reid emphasized the district's commitment to an inclusive environment, saying, “FCPS remains committed to fostering a safe, supportive, welcoming, and inclusive school environment for all students and staff, including our transgender and gender-expansive students and staff. It is clear that students only learn effectively when they feel safe and supported and respected and accepted for who they are."

“All students have a right to privacy in FCPS facilities or while participating in FCPS-sponsored events. Any student who has a need or desire for increased privacy, regardless of the underlying reason, is provided with reasonable accommodations, including single-user facilities,” Reid added.