‘What do you say to a naked girl in the boys room?’

By Bob Unruh


A student at a Virginia school has filed a lawsuit over the district’s threats of punishment if he says something wrong to, or about, a naked girl or woman in a boys’ restroom or locker room.

“Because the new policy and code of conduct are not sufficiently defined, Jack Doe has no way of knowing whether he can, for example, question someone who appears to be a girl using the boys’ restroom or locker room, refer to someone by a certain pronoun or even compliment someone on his/her attire without being subject to discipline for ‘discrimination,'” the lawsuit alleges.

“Jack Doe is nervous about having to think about every statement or action and its potential sexual connotations to third parties before interacting with students and teachers, and the prospect of having to interact in such an uncertain environment creates significant distress to the point that it adversely affects his ability to participate in and benefit from the educational program.”

The case was brought by Liberty Counsel on behalf of a Christian activist, Andrea Lafferty of Traditional Values Coalition, as well as the student, whose identity is being protected with the pseudonym Jack Doe.

It names as defendants the Fairfax County School Board, which some months ago added to its nondiscrimination policy and student handbook the new demands regarding transgenders.

School officials threatened to suspend students for engaging in discrimination based on gender identity, sexual orientation or even gender expression.

See what American education has become, in “Crimes of the Educators: How Utopians Are Using Government Schools to Destroy America’s Children.”

“Jack Doe is particularly distressed about the board’s decision to add ‘gender identity’ to the nondiscrimination policy and to the student code of conduct because ‘gender identity’ is not defined in either the policy or the code, so Jack Doe has no idea what words or conduct might be interpreted as discriminating on the basis of ‘gender identity,’ and therefore does not know what speech or conduct might subject him to discipline, including suspension,” the claim explains.

It continues, “Inserting undefined terms into the student handbook and thereby subjecting students to discipline without proper notice of the conduct for which they can be suspended exceeds defendant’s authority under Virginia law.”

Lawyers for Liberty Counsel have explained there is nothing in state law or Title IX, the federal law that bars sexual discrimination in education, to prevent a school from defining restroom use based on physical gender.

“Jack Doe is terrified of the thought of having to share intimate spaces with students who have the physical features of a girl, seeing such conduct as an invasion of his privacy, invasion of fellow students’ privacy and a violation of the though[t] patterns and understanding about male and female relationships which are part of his cultural values.”

The action also explains that the school board does not have the authority to create protected classes beyond what the state legislature has done, and that group has not “included either sexual orientation or ‘gender identity’ as protected classes.'”

Liberty Counsel’s complaint was filed in Circuit Court of Fairfax County, and it requests a preliminary injunction halting implementation of the “improper” policy.

“It was the reckless, unlawful conduct of the school board that brought unnecessary legal costs upon the district. A school board should be focusing on providing for its students and teachers – not incurring expenses for illegal activities,” said Mat Staver, chairman of Liberty Counsel.

“The strength of America’s foundation is that no school may disregard our laws. Just as a board should be punished for removing ‘race’ or ‘religion’ from its nondiscrimination clause, it is equally liable for punishment for adding groups that are not recognized by Virginia law.”

In a prepared statement, Pat Hynes, a school board member, said the district will respond appropriately.

“The school board and FCPS administration will continue to ensure that all of our students and employees are treated with dignity, respect and equality,” Hynes said.

See what American education has become, in “Crimes of the Educators: How Utopians Are Using Government Schools to Destroy America’s Children.”

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