WASHINGTON Today, the Fairfax County Circuit Court handed down a landmark ruling in America First Legal (AFL)’s lawsuit against Fairfax County Public School. The court ruled that FCPS’ policy on pronouns punishing “misgendering”, and its bathroom policy based upon “gender identity”, violate constitutional rights.

AFL, on behalf four students, filed a suit against FCPS for its pronoun policy that penalized students who “misgender” without malice or intention. The bathroom policy also gave preference to students who used restrooms that were “consistent with their gender identity.”

AFL added to the Fairfax County School Board’s case on September 17, 2024. The Fairfax County School Board had repeatedly attempted to dismiss the case.

AFL’s arguments include

• FCPS’s pronoun policy is compelled speech, as it threatens to discipline anyone who “misgenders” or “deadnames” even accidentally or without malice.
• FCPS’s pronoun policy violated the Virginia Constitution’s right to free exercise by forcing students to accept the idea that gender is changeable.
• The FCPS bathroom policy discriminates based on sex, giving preference to students claiming a different sex than their biological one over students seeking to use the bathrooms in the same way they have always done it without having to share them with students of the other sex.

The court found that petitioners had sufficiently alleged facts showing that FCPS’s pronoun policy violates the Virginia Constitution’s rights to free speech and freedom of expression and that its bathroom policies constitute unlawful discrimination based on sex.

The case will proceed despite the five attempts made by the district to stop it. AFL is looking forward to moving this lawsuit forward and making sure FCPS is held responsible for its radical, racist policies that violate constitutional rights of students.

Ian Prior, America First legal Senior advisor:

“This is an important victory for the students of Fairfax County in Virginia and for the rule-of-law. Students’ rights to free speech and freedom of expression are violated by policies that force students to use other students’ preferred names and pronouns. Bathroom policies that allow ‘transgender’ and ‘gender expansive’ students to use the bathroom of their choosing, but relegate other students to the private restrooms when they feel uncomfortable constitute discrimination based on sex. Ian Prior said, “We look forward to moving ahead in this case and continue to fight these battles throughout America and Virginia.”

Photo credit : Adobe Stock Images/Sumet

The post MAJOR VICTORY – Court Rules Fairfax County Public Schools’ Pronoun and Bathing Policies Violate Students Constitutional Rights first appeared on America First Legal.