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WASHINGTON, D.C. – Today, America First Legal (AFL) condemned five Northern Virginia school districts for blatantly defying a federal directive to end illegal “gender identity” policies and choosing to follow extremist ideology over federal law while jeopardizing millions in federal funding.
On February 3, 2025, AFL filed an administrative complaint with the U.S. Department of Education against Alexandria City, Arlington County, Fairfax County, Loudoun County, and Prince William County school districts, alleging that their “gender identity” policies permitting biological males to use female restrooms and locker rooms violate Title IX and President Trump’s Executive Order 14190, “Ending Radical Indoctrination in K-12 Schools.”
Eleven days later, on February 14, the Department of Education confirmed it had opened an enforcement investigation into these school districts in response to AFL’s complaint.
On July 17, AFL sent a letter to the Department of Education and the U.S. Department of Justice, urging the agencies to expand ongoing investigations and take immediate enforcement action against the school districts in light of the U.S. Supreme Court’s recent decision in Mahmoud v. Taylor.
Eight days later, on July 25, the Department of Education announced it had concluded its investigation, finding each school district in violation of Title IX of the Education Amendments of 1972 for adopting and enforcing illegal “gender identity” policies that permit males into female bathrooms and locker rooms.
The Department of Education gave the school districts a strict deadline to comply with federal law by rescinding their policies based on “gender identity” and clarifying that policies related to intimate spaces, such as bathrooms and locker rooms, must be separated based on sex. That deadline has passed, and the school districts have chosen to defy federal law rather than comply with it.
At the same time as these Northern Virginia school districts are fighting to engage in sex discrimination in violation of Title IX, AFL is representing a former student suing Fairfax County Public Schools for discriminating against her in violation of Article I, Section 11 of the Virginia Constitution when the school district allowed a boy to use the female restroom at her school. That case is scheduled for trial on September 29, 2025.
“Northern Virginia’s public schools have once again demonstrated that they would rather bow to the will of the transgender conversion cultists than follow federal law. In doing so, they are proving that they are deliberately indifferent to the safety of schoolchildren and are perfectly willing to sacrifice millions of dollars in future (and perhaps past) federal funding that supports low-income and special needs students. But the grim reality is that these school districts are merely delaying the inevitable — these policies will soon be dead and buried. And the only people that benefit from choosing a protected death in the courts are the lawyers being paid millions in taxpayer dollars to fight a losing battle to keep boys in girls’ bathrooms and locker rooms,” said Ian Prior, Senior Counsel at America First Legal.
Read more about AFL’s efforts here.
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