(The Epoch Times)—The U.S. Department of Justice has filed a lawsuit against the Loudoun County School Board in Virginia, alleging the district violated the constitutional rights of two Christian male students by enforcing a policy that mandates compliance with gender ideology.
The complaint, filed in federal court, contends that the board’s Policy 8040 violates the Equal Protection Clause of the 14th Amendment by discriminating against students based on their religious views. The policy ensures all individuals in the school system adhere to the district’s definition of gender identity, including in restrooms and locker rooms.
“Students do not shed their First Amendment rights at the schoolhouse gate,” Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division said in a statement. “Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality.”
According to the filing, a female student at Stone Bridge High School exploited the policy to access the boys’ locker room and recorded audio and video recordings of male students. Two Christian boys objected, pointing toward their faith-based desire to use pronouns aligned with biological sex and maintaining sex-separated facilities.
The Justice Department said that school officials determined the boys’ religious practice violated school policy, recasting constitutionally protected activity as “sex-based discrimination” and “sexual harassment.” The students faced 10-day suspensions and were required to participate in a support plan that the Justice Department says further undermines their religious freedoms.
The department’s intervention motion in the case S.W. et al. v. Loudoun County School Board is still awaiting a decision from the U.S. District Court for the Eastern District of Virginia.
Policy 8040 has been controversial since its adoption. In August 2021, the Loudoun County School Board approved the measure in the face of significant public opposition, requiring staff to use students’ preferred pronouns and permitting access to facilities based on gender identity. It also urged the implementation of LGBT training and single-user restrooms within five years.
On Sept. 28, 2021, people protested the policy outside the district’s administration building in Ashburn, arguing it undermined student privacy and safety.
The policy drew legal challenges, including from physical education teacher Tanner Cross, who was suspended after publicly stating at a board meeting that using preferred pronouns would mean “lying to a child” and “sinning against our God.”
A state court ordered his reinstatement, and in November 2021, the board settled, paying $20,000 in legal fees and expunging the suspension from his record. Cross, along with other teachers, sought an injunction against the policy, alleging it violated free speech and religious exercise rights.
In October 2022, parents placed pressure on the board to align with new state guidelines under Gov. Glenn Youngkin, which prioritized parental consent for gender affirmation and sex-based facility use. Speakers like Abbie Platt recalled her son’s distress when a girl entered the boys’ bathroom, while Clint Thomas accused the board of undermining families by concealing gender confusion from parents.
Reuters contributed to this report.
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