In another blow to the on school transgender bathroom and locker room policies, the Fourth Circuit Court of Appeals just denied the Fairfax County School Board’s emergency motion for an injunction.
“Upon consideration of submissions relative to appellant’s emergency motion for injunction pending appeal, the court denies the motion,” the motion said. “Entered at the direction of Chief Judge (Albert) Diaz with the concurrence of Judge Richardson and Judge Rushing.”
Read the ruling below:
, Fairfax County Public Schools said it filed the motion with the U.S. Court of Appeals for the Fourth Circuit of Virginia after the denial of an attempt to obtain a preliminary injunction that would have stopped the U.S. Department of Education’s efforts to place conditions on federal funding for the division.
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The U.S. Department of Education has stated that FCPS and four other Northern Virginia school districts’ policies that allow biological males to use female locker rooms and bathrooms at school violate Title IX, and the department has moved forward with to the school systems until they repeal their policies and comply with Title IX. FCPS has been fighting DOE’s efforts in court.
In early September, a federal judge for the U.S. District Court for the Eastern District of Virginia denied a restraining order request from Fairfax County Public Schools and Arlington Public Schools to stop the U.S. Department of Education from freezing federal funding. In rulings for both school districts, the judge said in early September that it did not hold jurisdiction to grant a temporary restraining order.
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Other school districts deemed in violation of Title IX include Loudoun County Public Schools, Prince William County Public Schools and Alexandria City Public Schools.