A Virginia court ruled Wednesday that students can challenge unconstitutional “transgender” pronoun and bathroom policies.
“We are pleased with the court’s decision recognizing that students can, in fact, challenge unconstitutional policies implemented by school boards in Virginia,” America First Legal attorney Andrew Block told The Daily Signal.
Fairfax County Public Schools in Northern Virginia requires all students to refer to “students who identify as gender-expansive or transgender by their chosen name and pronoun, regardless of the name and gender recorded in the student’s permanent pupil record.”
Conservative public interest law firm America First Legal sued the district on behalf of a Roman Catholic student who believes the policy opposes her religious beliefs. The student believes God made only two genders—male and female—and that to reject one’s biological sex is to reject the image of God within that person.
The school district argued that the student, who was followed into the girls’ bathroom by a boy and is compelled to use preferred pronouns under the school district’s policy, did not have standing to sue. In Wednesday’s hearing, the court overruled that motion, recognizing that students can challenge unconstitutional policies.
The court held that the student did not allege “discriminatory purpose or intent.”
Stephanie Lundquist-Arora, a Fairfax County mom of three who has followed this issue closely, celebrated the decision.
“I’m joining other parents across Fairfax County today as we collectively inhale the fresh scent of common sense with the court’s verdict,” she told The Daily Signal. “We knew all along that it was tyrannical and completely wrong to try to compel our children’s speech with forced pronoun usage in their public schools. It is such a relief that justice has prevailed this time to preserve our children’s constitutional rights.”
Fairfax County Circuit Court Judge Brett Kassabian gave the plaintiff 21 days to file responsive pleadings.
