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Today, America First Legal Foundation (AFL) secured a victory for its client, Jane Doe, when it defeated the Fairfax County School Board’s motion for summary judgment–meaning the case will continue on its merits. This case involves Jane Doe’s claims that the school’s bathroom policies violated her rights under Article I, Section 11 of the Virginia Constitution by allowing boys to use the girls’ bathroom.
This is the second time the School Board has attempted to dismiss Doe's claims on procedural grounds and the second time that AFL has prevailed, following a December victory on the same topic.
This comes on the heels of the finding from United States Department of Education’s Office of Civil Rights that the policies at issue in this case violate federal law, specifically Title IX of the Education Amendments of 1972.
The Court denied the school’s motion for summary judgment finding that there were disputes of fact that need to be addressed at trial, preventing the Court from ruling in the School Board’s favor. The result of today's hearing means that the case will continue on and the School Board will have to stand trial to defend its policies that allow boys to use female restrooms. The trial is scheduled to begin in late September in Fairfax County.
Jane Doe has alleged that the school board violated her constitutional rights when it discriminated against her on the basis of sex by allowing a male to use the female restrooms at school while telling her that if it made her uncomfortable, she could use one of four single-use restrooms in the entire high school.
Read more about the case here.
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