Liberty Counsel Presents Fairfax Transgender Case to VA Supreme Court

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Liberty Counsel will present oral arguments on August 31 requesting the Virginia Supreme Court to hear the case against the School Board of Fairfax County regarding its illegal policy involving “sexual orientation,” “gender identity,” and “gender expression.” Liberty Counsel will ask the court to review the 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 procedure provides that, before a case is heard on the merits by the Virginia Supreme Court, the court first considers filed petition pleadings and/or hears oral arguments along with the filed pleadings. If the court accepts review, then another hearing will be set on the merits argument.

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.

“The school board act of adding ‘gender identity, expression, and sexual orientation’ to the local policy violates state law and harms children,” said Mat Staver, Founder and Chairman of Liberty Counsel. “Allowing boys to use private facilities for girls violates the right to privacy and places girls at risk of sexual abuse. Virginia law also requires uniformity throughout the state to avoid a patchwork of conflicting laws at the local level. We look forward to victoriously presenting our case to the Supreme Court for the protection of children and in adherence to the law,” 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.