ALEXANDRIA, VIRGINIA – The Justice Department on Monday moved to intervene on behalf of two Virginia students challenging their school board’s transgender restroom policy. The department argues that the students’ First Amendment rights were violated when they were suspended for allegedly harassing a transgender male student using the boys’ locker room at Stone Bridge High School in Loudoun County.
Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division stated that the school board’s policy “tramples on the rights of religious students who cannot embrace ideas that deny biological reality.” The students, represented by multiple conservative legal groups, claim they were disciplined for speaking out against Policy 8040, which allows students to use restrooms and locker rooms that align with their asserted gender identity. They assert violations of their rights under the Free Speech, Equal Protection, Due Process, and Free Exercise clauses of the U.S. and Virginia Constitutions, as well as under Title IX and Virginia’s Religious Freedom Restoration Act.
The school board counters that the suspensions were issued due to violations of Policy 8035, which prohibits sex-based discrimination and harassment. According to the board, the students harassed a transgender male student who had entered the boys’ locker room, recording audio of classmates expressing discomfort. The board claims the students’ actions created a hostile environment, rather than constituting protected speech or a protest against the gender policy.
A preliminary injunction granted on October 10 blocked enforcement of the suspensions, which also included restrictions on contact with the transgender student and a student support plan. The school board has filed a motion to dismiss, arguing that the complaint fails to state a claim and that the students’ conduct was disruptive, not constitutionally protected, and did not target religious expression.
The Justice Department’s involvement follows policy actions from President Donald Trump declaring that federally funded public schools may not allow students to use locker rooms designated for the opposite sex. The case has drawn support from Virginia Republican Attorney General Jason Miyares and criticism from religious conservative groups. Arguments on the school board’s motion to dismiss are scheduled for December 19 before U.S. District Judge Leonie M. Brinkema.