The Fairfax County Circuit Court previously wrongfully dismissed Liberty Counsel's lawsuit claiming that a minor, his parents, and a local taxpayer did not have standing to sue. In effect, the Circuit Court said that a minor who now must have his educational rights diminished and his privacy invaded by having to share the bathroom, locker room, and showers with members of the opposite sex suffers no injury under the policy modifications. Liberty Counsel is asking the Virginia Supreme Court to hear this case and reverse the trial court's ruling, which leaves minors in Fairfax County subject to unconstitutional violations of their privacy and of their right to education.
"Virginia law requires uniformity throughout the state to avoid a patchwork of conflicting laws at the local level. The school board act of adding 'gender identity, expression, and sexual orientation' to the local policy violates state law and harms children. Allowing boys to use private facilities for girls violates the right to privacy and places girls at risk of sexual abuse," said Mat Staver, Founder and Chairman of Liberty Counsel. "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. The officials tasked with protecting children in the public schools have now actually become the greatest threat to them with the imposition of this radical sexual agenda," 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.