Evergreen Reporter

The Fairfax County Circuit Court has ruled that the pronoun and bathroom policies of Fairfax County Public Schools (FCPS) violate students' constitutional rights. This decision is part of a lawsuit filed by America First Legal (AFL) on behalf of four students, challenging FCPS's policies regarding "misgendering" and restroom use based on gender identity.

The lawsuit was initiated on March 5, 2024, with AFL arguing against FCPS's pronoun policy that penalized students for unintentional or non-malicious misgendering. The bathroom policy in question allowed students to use restrooms consistent with their gender identity. On September 17, 2024, more plaintiffs from Fairfax were added to the case as the school board attempted multiple times to dismiss it.

According to AFL, the court found that there are sufficient allegations showing that FCPS's pronoun policy infringes upon students' free speech and free exercise rights under the Virginia Constitution. Additionally, it determined that the bathroom policy constitutes unlawful sex-based discrimination.

Ian Prior, Senior Advisor at America First Legal, stated: “This is a major win for students in Fairfax County, Virginia and the rule of law. Policies that compel students to refer to other students by their preferred names and pronouns strike at the heart of the core fundamental rights of free speech and free exercise. And bathroom policies giving ‘transgender and gender expansive’ students the right to use any bathroom of their choice while relegating other students to private restrooms if they are uncomfortable constitute discrimination on the basis of sex."

The case will continue despite five attempts by FCPS to prevent its consideration. AFL aims to hold FCPS accountable for what it describes as radical and discriminatory policies infringing upon constitutional rights.