LC Stands Against Lawless VA School Board
Faith and Freedom with Liberty Counsel’s Mat Staver and BarbWire’s Matt Barber… An 11-minute weekday radio program discussing hot topics in the area of religious liberty, the sanctity of human life and the family.
A Virginia trial court has dismissed Liberty Counsel’s case against the Fairfax County School Board. This is a school board that defied Virginia law and amended its policies not once, but twice, first to add “sexual orientation” and then to add “gender identity.”
Mat Staver: Matt, this is our case in Fairfax County, Virginia, northern Virginia, a very liberal. . .county. This particular school board previously amended its policy to include sexual orientation as part of its so-called “non-discrimination” policy. And then later, added “gender identity” — the broader, fluid kind of concept. Virginia has what’s called the Dillon’s Rule. Other states have similar kinds of rules. But the Dillon’s Rule in Virginia means that the state sets the categories of non-discrimination and therefore that’s applicable for every local geographical body of government. Therefore the city, the county, the school board, cannot add to or take away from that Virginia classification, that category of nondiscrimination.
In this case, in direct contravention to that law, the school board added sexual orientation and then added gender identity. that’s the lawsuit that we filed. But this judge ultimately dismissed the case saying that there is no standing of the anonymous student that we represent, among others, Jack Doe, saying that he had not expelled or suspended and therefore lacked standing to file suit.
Matt Barber: This was essentially a dismissal on a technicality. Sounds to me like the judge was looking to dismiss this case without getting to the merits, because clearly this is a winner on the merits. And this dismissal says effectively, and quoting Liberty Counsel’s litigation counsel, Daniel Schmidt, as Daniel says, “Minors in Fairfax County Virginia will now be subjected to invasions of their privacy inside the very school district tasked with protecting them. Once again the fundamental rights of minors were trampled by lack of common sense and an appropriate understanding of biology…”
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