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VA Supreme Court to Hear Lawsuit Against FCPS

Recently, the Virginia Supreme Court agreed to hear a lawsuit filed against FCPS by the conservative organization Liberty Counsel, which represented an anonymous FCPS student and his/her parents. The student alleges that his/her civil rights were violated by the FCPS policies that allow individuals to use restrooms, locker rooms, and showers based on their "gender identity", not their actual, physical, gender. According to the Liberty Counsel, the FCPS policy constitutes an invasion of privacy.

The lawsuit was appealed from the Fairfax Circuit Court, where Judge Brett Kassabian dismissed it on procedural grounds. However, the Virginia Supreme Court disagreed with the Fairfax court's dismissal, noting that the 30-day filing deadline that Judge Kassabian ruled that the Liberty Counsel violated did not apply to the type of case that was filed.

From the Washington Times:

Mat Staver, founder and chairman of Liberty Counsel, which brought the lawsuit against the school board, said the high court’s decision to hear the case is “very good news” after a lower court dismissed it on procedural grounds.
“The Fairfax County School Board’s lawless act of adding ‘gender identity, expression and sexual orientation’ to the local policy violates state law and harms children,” Mr. Staver said in a statement.
At issue is whether the board adhered to “Dillon’s Rule,” which bars local nondiscrimination laws in Virginia from being more stringent than the statewide standard. Virginia state law does not prohibit discrimination on the basis of sexual orientation, gender identity or gender expression.
The school board revised its policy in late 2014 to include “sexual orientation” as a protected class, according to the complaint filed against the board. Less than one year later, it further amended the policy to include “gender identity” and “gender expression” as protected classes.
One of the plaintiffs is a Fairfax County high school student, identified as “Jack Doe” in the complaint, who is distressed about the policy’s potential to allow students to use the restrooms, locker rooms and showers of the opposite sex.

If this policy is defeated by the Virginia Supreme Court, Ryan McElveen, who has repeatedly stated that the Fairfax school board is "required by law" to pass the gender identity policy, will suffer the worst embarrassment of his career.

Wouldn't it be so ironic that the terrible, dangerous policy that the leftist school board majority rammed through to comply with "the law" was actually found by the Virginia SUPREME COURT to be ILLEGAL?

That would be wonderful.


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