RICHMOND, VA – Today Liberty Counsel filed its initial brief in its appeal challenging the Fairfax County School Board’s decision to add “sexual orientation,” “gender identity,” and “gender expression” to its nondiscrimination policy and student handbook. The Supreme Court of Virginia accepted Liberty Counsel’s petition for appeal and will now determine whether the school board’s action violated Virginia’s long-standing Dillon Rule and other Virginia statutes.

Liberty Counsel represents Jack Doe, a minor and student in Fairfax County, John and Jane, the parents, and Andrea Lafferty. This is one of several cases around the country involving attempts to implement LGBT policies in public schools. One case in Virginia has been blocked by the U.S. Supreme Court and a federal court in Texas issued a nationwide injunction blocking the Obama administration’s LGBT directive to public schools, federal agencies, municipalities and private employers.

Virginia follows what is called the “Dillon Rule,” which requires that local nondiscrimination laws cannot be more stringent than or inconsistent with the general laws of the Commonwealth. Several Virginia statutes, including one specifically aimed at school boards in the Commonwealth, explicitly limit the authority of school boards to enact policies that exceed state law on this issue. Virginia’s nondiscrimination statute does not include “sexual orientation,” “gender identity,” or “gender expression.” By amending its policy and student handbook to include categories not entitled to protection under Virginia law, the school board violated the Dillon Rule and several Virginia statutes. The school board’s decision was unlawful and presents significant harm to students.

“The school board’s act of adding ‘gender identity, expression and sexual orientation’ is both unlawful and unwise,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The board’s lawless act infringes on the right to education, safety and privacy. Sacrificing the safety and security of children in public schools in favor of radical ideology is unacceptable. We look forward to presenting oral argument at the Virginia Supreme Court. The sooner the policy is struck down, the better,” said Staver.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.