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WASHINGTON, D.C. – Today, America First Legal (AFL) re-filed its case in federal court against the Fairfax County School Board on behalf of Jane Doe, a recent Fairfax County Public Schools (FCPS) student, challenging policies that compel student speech on gender ideology and deny girls equal access to female-only facilities. In addition to asserting violations of the First Amendment, the Fourteenth Amendment, and the Virginia Constitution, the new filing adds claims of Title IX discrimination.
AFL’s complaint details how Fairfax County forced Jane Doe to forgo her religious views and affirm beliefs she does not hold. Doe, and all her peers, are required to use other students’ “preferred pronouns” as mandated by FCPS’s “Student Rights & Responsibilities” (SR&R) guide. The guide also details punishments for students who do not comply, and requires parental signature and acknowledgement. Under the perceived protection of its SR&R guide, FCPS has continuously narrowed girls’ access to common facilities by allowing males to use restrooms and locker rooms based on their “gender identity” and subjective comfort, while forcing girls who object to find uncommon, private alternatives.
This case is about the rule of law and basic fairness. FCPS defends free speech and demands special accommodations for students who align with its radical ideology, but tramples the constitutional rights of those who dissent. Public schools cannot force children to echo contested ideology or sacrifice their privacy to satisfy leftist bureaucrats.
AFL’s new claims of discrimination under Title IX strike at the core inequality: FCPS gave male students safe, male-only restrooms but denied female students safe, female-only restrooms. In Jane Doe’s case, a male classmate was permitted to use the girls’ restroom because he said he felt unsafe in the boys’—but Jane, who felt unsafe and uncomfortable due to the male’s presence, was told to get over it or use a private facility. By allowing a male student to use girls’ restrooms while directing girls to uncommon alternatives, FCPS chose to treat a male more favorably than a female in the use of a female-only private facility—precisely what Title IX forbids.
Relatedly, in July of this year, the United States Department of Education determined that FCPS’s bathroom and locker room policies violate Title IX. Rather than come into compliance with Title IX, FCPS chose to sue the federal government and has been unsuccessful in its efforts, both in the Eastern District of Virginia and in the Fourth Circuit Court of Appeals.
“The law could not be more clear: schools cannot compel speech, cannot trample religious liberty, and cannot sacrifice girls’ equal protection rights in the name of a vague and arbitrary ideology that Fairfax County Public Schools can’t even define with any reasonable clarity,” said Ian Prior, Senior Counsel for AFL. “This case is about restoring sanity, fairness, and the constitutional rights every student deserves.”
“The School Board’s policies are untenable,” said Andrew Block, Senior Counsel for AFL. “We’re in federal court to vindicate our client’s rights and to make clear that the law—not gender ideology—governs in public schools.”
This case is a continuation of Doe v. Fairfax, previously filed in the Circuit Court for Fairfax County, Virginia. AFL is proud to partner with the law firm of Dunlap, Bennett, and Ludwig on this matter.
Read the complaint here.
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