America First Legal sues Fairfax County schools over parental rights
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America First Legal filed a federal lawsuit Monday accusing Fairfax County Public Schools of violating parents’ constitutional rights through a policy that allegedly allows school staff to withhold information about a student’s gender transition from parents.
case Fairfax County Public Schools alleges Regulation 2603.3 “directs school personnel to support and facilitate a student’s social ‘gender transition’ at school without notifying parents or obtaining their consent.”
It also alleges that FCPS requires school staff to use the student’s preferred pronouns and name, the ability to use gender-segregated facilities based on the student’s self-identified “gender identity,” and “participation in gendered classes, activities, and programs based on the student’s self-identified ‘gender identity.’
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Fairfax County Public Schools was shown on March 4, 2019 in Merrifield, Virginia. (AP Photo/Matthew Barakat, File)
It also alleges that FCPS fails to inform parents about students struggling with gender confusion and does not give parents the ability to opt out of school-sponsored “support plans.”
The lawsuit argues that these policies violate the U.S. and Virginia constitutions, which protect the right of parents to direct their children’s upbringing, education and religious development, and that school employees exceeded their authority by facilitating a student’s gender transition without parents’ knowledge or consent.
The lawsuit follows America First Legal’s May 1 announcement. request letter, Resolution citing alleged violations and directing FCPS to either repeal the policies entirely or immediately cease enforcement of them pending revision or establish a parental notification and exemption mechanism by May 18.
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Fairfax County Public Schools Superintendent Dr. Michelle C. Reid. (Fairfax County Public Schools)
“FCPS has been given the opportunity to correct its anti-parent policies,” Ian Prior, senior counsel at America First Legal, said in a statement. “He failed to do so and will now face the consequences. The AFL will continue to defend parental rights in woke school districts until each and every one of them complies with the law.”
In a statement to Fox News Digital, a spokesperson for America First Legal wrote: “Last week, America First Legal won at the second circuit level, based on the Supreme Court’s decision in Mirabelli v. Bonta, when the Ninth Circuit granted a preliminary injunction in City of Huntington Beach v. Newsom, a lawsuit brought by the AFL on behalf of the City of Huntington Beach and California parents. The Ninth Circuit blocked enforcement of key provisions of California’s AB 1955—a fundamental challenge to California’s AB 1955.” “Schools will not disclose information about a child’s sexual orientation, ‘gender identity’ or gender expression to parents unless the child consents.”
“Previously, in Doe v. Pine Richland School District, the Third Circuit reversed the district court’s dismissal of the AFL’s client’s claims and held that the mother had Article III standing to pursue her constitutional claims against a Pennsylvania school district that secretly provided ‘gender transition teams to students without parental notice or consent,'” the spokesperson added. “The AFL has now secured victories in two federal circuits strengthening parents’ fundamental constitutional rights to be informed about critical decisions in their children’s lives.”
“At FCPS, every student and staff deserves to feel safe, respected and supported. We are committed to creating an inclusive environment for all members of our school community, including our transgender and gender-oriented students and staff,” an FCPS spokesperson said in a statement to Fox News Digital.
The spokesperson added: “By working with families, we strive to ensure that every FCPS student feels like they belong and has access to the world-class education we offer. FCPS continues to comply with all state and federal laws and will respond through the appropriate legal process after completing a review of the complaint.”
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People who support the right to exempt their children from classes containing LGBTQ-related content demonstrate outside the U.S. Supreme Court as the court hears oral arguments in Mahmoud v. Taylor on April 22, 2025 in Washington, DC.
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