A nondiscrimination policy adopted by the Fairfax County School Board in Virginia is being challenged in court because a religious freedom legal organization says it violates state law.
The board includes "sexual orientation" and "gender identity" in its policy, which violates the state's nondiscrimination policy. However a circuit court dismissed the Liberty Counsel's lawsuit saying the plaintiffs, a student and his parents, lack standing. Attorney Harry Mihet says they are appealing that decision.
"If they don't have standing to object to it, then no one does,” he says. “And the school board is effectively immune from any kind of accountability or review for their wrongheaded action. That cannot be the law."
Mihet says the dismissal will be appealed directly to the State Supreme Court.
“[Virginia’s state court] has a very clear record of upholding the law on this issue and of limiting local government bodies from taking the law into their own hands and going against the state legislature," notes the attorney.
Virginia law explicitly prohibits local governing bodies from altering the state's nondiscrimination policy, which Mihet claims the school board did.