Virginia follows the “Dillon Rule,” which requires local nondiscrimination laws to not be more stringent than the state law. State law does not include “sexual orientation,” “gender identity,” or “gender expression.” The circuit court dismissed the lawsuit, stating any challenge must be filed within 30 days of a school board’s action. But the Dillion’s Rule is not subject to the 30-day provision. If it were limited, the school board could pass illegal policies that conflict with state law during the summer break when there are no students on campus to challenge the law. The illegal act would be grandfathered in which doesn’t make any sense.

“I look forward to arguing this case before the Virginia Supreme Court,” said Staver. “This should be a warning to other local Virginia school boards and government bodies to back away from following the path of Fairfax County. The Fairfax Country School Board’s lawless act of adding ‘gender identity, expression and sexual orientation’ to the local policy violates state law and harms children. This is a matter of statewide and national concern,” said Staver.

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