Jane Doe v. Fairfax County School Board

Case Number: 2024-03171, Circuit Court of Fairfax County


Fairfax County Public Schools (FCPS) Regulation 2603 requires all students to refer to “students who identify as gender-expansive or transgender by their chosen name and pronoun, regardless of the name and gender recorded in the student’s permanent pupil record.” Additionally, this rule allows students to use the restroom and locker room “consistent with the student’s gender identity.” In other words, it forces female students to share the restroom with biological males. While this rule permits a biological male who “identifies as female” to feel comfortable using the restroom of his choice, it forces female students to choose between fear and discomfort in using the restroom of their biological sex, or having to use one of the few single-use restrooms in her school.


On behalf of a FCPS student who is a practicing Roman Catholic, AFL sued the Fairfax County School Board for forcing policies and regulations that violate the Virginia Constitution’s protections for religious beliefs, speech, and from government discrimination on the basis of sex and religious beliefs.


This case is currently being litigated.

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