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WASHINGTON, D.C. – Today, America First Legal (AFL) announced a major victory in its federal lawsuit against Fairfax County Public Schools (FCPS), obtaining judgment on behalf of a female student who was instructed that if she was uncomfortable with a boy in the girls’ bathroom, she must use an alternative restroom. After repeatedly failing to get the case thrown out of court, the school board has now conceded, offering judgment, awarding nominal damages to AFL’s client, and paying costs and attorneys’ fees.
This outcome sends a clear message: school systems and officials cannot disregard the safety, privacy, and dignity of students in favor of radical gender policies. Schools may not punish students, male or female, for speaking up. Fairfax officials insisted that if Jane Doe felt uncomfortable, she should leave and use another facility. Today’s judgment confirms that students do not lose their constitutional rights at the schoolhouse door.
The ruling comes amid a national debate about gender preference-based facility policies in public schools, with families across the country facing hostile administrators determined to enforce ideological agendas over commonsense protections. AFL’s victory in Fairfax marks an important step toward restoring safe and reasonable restroom and locker room policies nationwide.
This victory is part of a broader national effort to restore common sense in schools, and builds upon AFL’s growing momentum in defending students and their parents, including:
Ongoing litigation against Loudoun County Public Schools on behalf of two boys facing similar violations. The U.S. Department of Education’s case against Arlington and Fairfax Schools. West Virginia v. B.P.J., a landmark Title IX case to be argued before the U.S. Supreme Court next month.
“Our client’s rights were violated, and today she has justice,” said Gene Hamilton, President of America First Legal. “This judgment is a crucial reminder that no one is above the law. Fairfax County attempted repeatedly to block this case, and they failed. America First Legal will not stop defending students whose safety and dignity are threatened.”
“This case is part of a much larger struggle for basic fairness and safety. No student should face the threat of punishment or be pushed aside for asserting their fundamental constitutional rights. We are grateful for this victory, and we will continue standing up for families and fighting to restore common sense and safety in schools,” said Ian Prior, Senior Counsel at America First Legal.
Learn more about the case here.
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