This article originally appeared here, at patch.com
ALEXANDRIA, VA — A federal judge denied Fairfax County Public Schools’ request to appeal the dismissal of the school system’s lawsuit against the U.S. Department of Education that sought to resolve a dispute over the district’s policies on bathroom and locker room use based on gender.
On Sept. 5, U.S. District Judge Rossie D. Alston Jr. denied a request by the Arlington County and Fairfax County school boards to issue a preliminary injunction and/or a temporary restraining order. Such an edict would have prevented the education department from denying federal money to the school systems over their gender policies, which run afoul of the Trump administration.
The Fairfax school system appealed the lawsuit’s dismissal to the U.S. Court of Appeals for the Fourth District, but that court upheld the lower court’s decision.
“Upon consideration of submissions relative to appellant’s emergency motion for injunction pending appeal, the court denies the motion,” Chief Judge Albert Diaz said, in an order issued on Wednesday.
Following the Sept. 5 dismissal, Fairfax County Public Schools said in a statement to The Washington Post that its leaders believe the Education Department’s “actions violate the U.S. Constitution, and the Administrative Procedures Act.”
“This put FCPS in the untenable position of needing to violate federal court precedent to secure necessary funding,” the district said.
On Thursday, Gov. Glenn Youngkin (R) issued an executive directive calling on the Virginia Board of Health to create regulations to prevent biological males from taking part in organized female-only sports and from using designated spaces where females are likely to be observed in a state of undress.
The request stemmed from a petition filed by three current and former female athletes in August, asking the board to establish regulations barring biological males from female sports and areas where females may be seen undressing.
“The health and safety of women and girls in sex separated spaces and participating in athletic competitions is in serious jeopardy due to irresponsible policies, including those that allow known sex offenders to hunt little girls in public locker rooms,” Youngkin said.
At its meeting on Thursday, the board of health issued a notice of intended regulatory action, which was the first step in the process of adopting the types of regulations the governor is seeking to establish, according to CBS 6 in Richmond.
“It is an embarrassment and a tragedy that certain individuals continue to turn a blind eye to these clear violations of the law and of the health, safety, privacy, dignity, and respect of Virginians,” Youngkin said. “This must stop. I want to thank President Donald J. Trump, the U.S. Department of Justice and the U.S. Department of Education for their strong, common sense approach to protecting women and girls.”
Wyatt Rolla, a senior transgender rights attorney with the ACLU, told CBS 6 the board’s decision not only invites a legal challenge, but the proposed regulations would be detrimental to the health of all women.
“They would require athletic governing bodies and schools to engage in dangerous gender policing and sex testing for enforcement,” Rolla said.