Lawsuit challenging Fairfax nondiscrimination policy dismissed


 | Metro Weekly | February 22, 2016

A parent holds up a sign opposing Policy 1450, which adds gender identity to Fairfax County Public Schools' nondiscrimination policy.

A parent holds up a sign opposing Policy 1450, which adds gender identity to Fairfax County Public Schools’ nondiscrimination policy.

A Virginia judge has dismissed a lawsuit challenging the addition of protections covering LGBT students, teachers and staff to Fairfax County Public Schools’ (FCPS) nondiscrimination policy. But lawyers representing the plaintiffs in the lawsuit vowed to appeal the judge’s decision on Monday.

The Fairfax County Circuit Court on Friday dismissed the lawsuit based on lack of standing. The lawsuit was lodged by Fairfax County resident Andrea Lafferty, the president of the Traditional Values Coalition, on behalf of an anonymous FCPS student known as “Jack Doe” and his parents. They had asked the court for an injunction to stop the Fairfax County School Board from implementing the policy with the new protections for sexual orientation and gender identity, which were added in November 2014 and May 2015, respectively.

In their lawsuit, the plaintiffs had claimed that Jack Doe was “distressed” by the school board’s decision to add gender identity to the nondiscrimination policy. He claimed to be nervous about unintentionally offending or having to watch his words and actions around transgender students, and was particularly frightened of having to use the bathroom with a transgender male, whom he and his parents would consider a girl due to their biological sex at birth.

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