Virginia school districts face federal complaint over gender identity policies
RICHMOND, Va. - A right-wing legal group has filed a federal complaint against five Virginia school districts, arguing that their gender identity policies violate civil rights laws.
Transgender Virginia students lawsuit
The backstory:
America First Legal is urging the U.S. Department of Education to investigate restroom policies in Arlington, Alexandria, Fairfax, Loudoun, and Prince William counties, which allow transgender students to use facilities matching their gender identity. The group claims these policies discriminate against students based on sex and violate former President Donald Trump’s executive order on K-12 schools.
Title IX prohibits sex-based discrimination in schools, and the 4th U.S. Circuit Court of Appeals has ruled that this protection extends to transgender students. Four years ago, the Supreme Court allowed Virginia trans student Gavin Grimm's victory to stand – leaving the 4th Circuit's decision protecting access to school bathrooms in place, solidifying legal precedent in Virginia.
"If sex is biological sex for the purposes of Title IX and you treat, you know, for example, a male that wants to use a female restroom, and you require the female who's uncomfortable with that to go then use the private restroom, well, then, you are, by definition, discriminating on the basis of biological sex," said Ian Prior, America First Legal. "You are treating a male who feels more safe and comfortable in a female restroom better than a female, who, of course, feels more safe and comfortable in a female restroom."
Virginia School district faces continued legal fight over gender policies
The court found that FCPS' policies based on "gender identity" could potentially violate students’ constitutional rights, allowing the case to proceed despite multiple attempts by the school system to have it dismissed.
Fairfax County Public Schools, the state’s largest district, stated they comply with federal and state laws and remain committed to an inclusive environment.
"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. We know that students can only learn effectively when they feel safe, supported, and accepted for who they are," a spokesperson for the school district said.
Big picture view:
Alexandria and Prince William County officials said they would cooperate with any federal investigation but have not been contacted by the Department of Education. Prince William County is currently reviewing Trump’s executive order to determine its impact on school policies.
The Department of Education has not yet announced whether it will take action on the complaint.
The Source: The information in this story comes from FOX 5 reporting, America First Legal, and various Virginia school districts.