FAIRFAX COUNTY, Va. (7News) -- On Friday, a Fairfax County Circuit Court Judge overruled Fairfax County Public Schools' (FCPS) latest objections to a lawsuit filed on behalf of FCPS students who are suing the Fairfax County School Board for its pronoun policy.
FCPS' pronoun policy forces students to use their classmates' preferred gender pronouns and chosen names. If they don't use their classmates' preferred gender pronouns and chosen names, the plaintiffs' attorneys argue the students can face disciplinary action from FCPS for "misgendering" or "deadnaming" students.
"This is a major win for students in Fairfax County, Virginia and the rule of law," said Ian Prior. "Policies that compel students to refer to other students by their preferred names and pronouns strike at the heart of the core fundamental rights of free speech and free exercise. And bathroom policies giving 'transgender and gender expansive' students the right to use any bathroom of their choice, while relegating other students to private restrooms if they are uncomfortable, constitute discrimination on the basis of sex. We look forward to moving forward in this case and continuing to fight these battles in Virginia and through America."
Prior argued that FCPS' pronoun policy constitutes compelled speech because it threatens discipline for even an accidental or non-malicious "misgendering" or "deadnaming," that FCPS' pronoun policy violated students' free exercise of rights under the Virginia Constitution by forcing them to endorse the idea that sex is changeable and that the FCPS' bathroom policy discriminates on the basis of sex by giving preferential treatment to students who claim a sex different than their biological sex over students who seek to use bathrooms as they've always used without the presence of students of the opposite sex.
The Fairfax County School Board has attempted to throw out the lawsuit several times this year.
"FCPS remains committed to fostering a safe, supportive, welcoming, and inclusive school environment for all students and staff, including our transgender and gender-expansive students and staff. It is clear that students only learn effectively when they feel safe and supported and respected and accepted for who they are." - Dr. Michelle Reid