Today the Fairfax County Circuit Court wrongfully dismissed Liberty Counsel’s lawsuit on standing. Liberty Counsel sued the School Board of Fairfax County, Virginia, for illegally changing its nondiscrimination policy and adding “sexual orientation” and “gender identity,” conflicting with Virginia Civil Rights Laws. Liberty Counsel will appeal this decision.  

The court ruled that Jack Doe, the anonymous Fairfax County student named in the case, did not face an injury, such as being expelled or suspended, so he lacked standing to file the lawsuit. Minors in Fairfax County, Virginia, will now be subjected to invasions of their privacy, inside the very school district tasked with protecting them.

 Virginia law explicitly prohibits local governing bodies from altering the state’s nondiscrimination policy. Civil rights are coded in Virginia law. In changing the nondiscrimination laws, the school board acted recklessly and unlawfully. The strength of America’s foundation is that no school may disregard our laws. Just as a board may not remove ‘race’ or ‘religion’ from its nondiscrimination clause, it cannot add groups that are not recognized by the Virginia Legislature.

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