Today, a federal judge granted AFL and the FFLC's motion for a preliminary injunction against LCPS, extending prior emergency relief & blocking LCPS from enforcing a suspension against a male student who objected to a girl in the boys' locker room.

Federal Court Blocks Loudoun County Public Schools from Suspending Student Punished for Objecting to a Girl in the Boys’ Locker Room

WASHINGTON, D.C. – Today, a federal judge granted America First Legal (AFL) and the Founding Freedoms Law Center’s (FFLC) motion for a preliminary injunction against Loudoun County Public Schools (LCPS), extending prior emergency relief and blocking the district from enforcing a suspension against a male student who objected to a girl being present in the boys’ locker room.


This order from the U.S. District Court for the Eastern District of Virginia follows a hearing today, during which the Court heard extensive arguments and agreed that the student’s suspension must remain halted while litigation continues. The Court’s order allows AFL’s client to continue attending school and receiving in-person education while the case proceeds, and it also prevents LCPS from entering a finding of Title IX sexual harassment on both students’ personal records.


This injunction builds upon the Court’s earlier temporary restraining order, issued in September, which first stopped LCPS from enforcing the punishment.


The case, S.W. et al. v. Loudoun County School Board, challenges LCPS’s decision to suspend two boys who were found guilty of Title IX “sexual harassment” merely for objecting to a biological girl’s presence in the boys’ locker room. The lawsuit alleges violations of the U.S. Constitution, the Virginia Constitution, Title IX, and the Virginia Religious Freedom Restoration Act.


“We are pleased with the result after today’s hearing and appreciative of the time and energy that the judge took in listening to our arguments and crafting a decision,” said Ian Prior, Senior Counselor at America First Legal. “We look forward to litigating this case on behalf of our clients.”


“We’re pleased the Court sees the importance of halting a wrongful punishment so our client continues his education and both boys are ultimately vindicated,” said Victoria Cobb, President of Founding Freedoms Law Center.


View the order here.


Read more about the case here.



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