A suit that seeks to overturn protections for gay and transgender students in Fairfax County Public Schools has been dismissed. A judge from the state of Virginia promulgated the decision. The decision in this case could have national implications.
Traditional Values Coalition President Andrea Lafferty and an unnamed student filed the suit against the school board. They contend that the board overstepped its power by adding sexual orientation and gender identity in the nondiscrimination policy of the school.
Petitioners argue that the change in policy will allow buys to use the girls' toilet and vice versa, Pink News reported. Apparently, the Lafferty's co-plaintiff is terrified at the thought of having to share intimate spaces with LGBTQ students. They further argue that the school board has not defined "gender identity" and "gender expression" prior to the vote.
School Board Chairman Pat Hynes told The Washington Post, "The School Board remains committed to ensuring that all of our students and employees are treated fairly and with dignity and respect."
Virginia Attorney General Mark Herring said that under the law, local school boards are allowed to include sexual orientation and gender identity in their non-discrimination policies. This is contrary to the position of the 2012 Attorney General, Jerry Kilgore, who said that such provisions can only be added if the General Assembly passes a law allowing them to do so, Washington Blade reported.
Maintaining the latter's position, Liberty Counsel Chair Mat Staver said that they will appeal the decision. According to Staver, the suit has been dismissed on the ground that his clients lacked legal standing.
The decision comes at an opportune time as school districts figure out a way to accommodate their transgender students. Recently, a transgender boy sued his high school in Gloucester County, Va. over being barred from using the boy's restroom.
