Judge Rejects Fairfax Co. Schools’ Request To Dismiss Case Challenging Pronoun Policy

FAIRFAX COUNTY, Va. (7News) — A Fairfax County student is suing Fairfax County Public Schools (FCPS) because she alleges the school system’s bathroom and pronoun policy violates her philosophical and religious beliefs and discriminates against her based on sex in violation of her rights guaranteed to her by the Constitution of the Commonwealth of Virginia.

FCPS’ policy allows students to use school bathrooms based on their gender identity, not biological sex.

FCPS also requires students to use their classmates’ preferred gender pronouns.

If this case is successful, it could prohibit schools from allowing students to use bathrooms of their choice at school and prohibit schools from requiring students to use preferred gender pronouns of other students.

On Thursday, a Fairfax County Circuit Court judge rejected the Fairfax County School Board’s motion to dismiss the lawsuit and allowed the student to proceed with her arguments against FCPS’ pronoun policy.

“It’s a compelled speech claim. She’s alleging that the policy adopted by the school board requires her to agree with or endorse or accept speech that she fundamentally disagrees with as a religious matter, as a moral issue,” said Andrew Block, the student’s attorney. “That speech of course is that men can be women and women can be men or boys can become girls, girls can become boys. She fundamentally disagrees with that. But the policy of the school board is that she has to endorse that or else face discipline in any number of contexts whether she was to misgender or deadname, whether intentionally or accidentally. And so that has had a chilling effect on her. So she’s challenging it on religious grounds.”

On Thursday, the judge did sustain FCPS’ demur as it relates to the school system’s bathroom policy, “as it finds the petitioner did not allege discriminatory purpose or intent,” the judge’s order stated.

The court did grant the student time to amend her petition within 21 days if she chooses as it relates to FCPS’ bathroom policy.

“We are happy with the court’s decision and look forward to continuing to work on behalf of our client,” said Block.

“The court heard legal arguments today on whether the case should be dismissed on mootness grounds because the plaintiff graduated in June,” FCPS told 7News in a statement. “The court is now considering the arguments and we appreciate its careful consideration of the issue. We are disappointed with yesterday’s ruling declining to dismiss the entire lawsuit but are pleased the court dismissed some claims and that our policies will remain in place as this case proceeds. Once the court considers all the issues, FCPS is confident that the court will affirm our policies, as they protect all students’ rights. We will continue to vigorously defend our policies that support all our students and staff at FCPS.”

On Thursday, a Fairfax County Circuit Court judge also allowed the student to seek damages if she’s able to prove her case, despite FCPS’ challenge.

The Virginia Attorney General’s Office filed an amicus brief in support of the student which the judge allowed Friday despite FCPS’ objection.

“We’re glad that they’re [the OAG] stepping in,” said Ian Prior, one of the student’s attorneys. “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.”

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