Daily Caller News Foundation

A federal court is blocking Loudoun County School Board (LCSB) from suspending a male student who questioned why a girl was in the boys’ locker room.

A female student who reportedly claims to be male was allegedly recording students in the boys locker room, including one male student who was using the restroom. In the video, a male voice can be heard asking why a girl was in the boys’ space. Two boys were later suspended and accused of sexual harassment over the incident.

Following a lawsuit brought by America First Legal (AFL) on behalf of the boys, the suspension has been temporarily blocked by the court. The court’s order states the suspension “could have serious negative effects” on the student.

“Although the Court is not certain that will succeed on the merits, the Court finds many of the allegations in the Complaint to be troubling, particularly defendant’s offering a private changing area to plaintiffs but not to the female student accessing the male locker room and defendant’s dismissal of the accusations against a Muslim student who seems to have engaged in similar activity to plaintiffs,” the order reads.

The Department of Education on the same day declared LCPS illegally discriminated and retaliated against three male students who questioned why the girl was in their locker rooms.

“Loudoun County’s adherence to radical gender ideology has repeatedly placed its students in harm’s way,” Craig Trainor, acting assistant secretary for civil rights at the Department of Education, said in a statement. “We urge Loudoun County to abandon its reliance upon post-modern ideology and instead embrace the requirements of law by coming into compliance with Title IX.”

The administration is asking LCPS to rescind the suspensions.

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LCPS policy allows students to use bathrooms and locker rooms based on their “gender identity” rather than biological sex. When first confronted by the Trump administration in July following a February investigation, the district doubled down on its so-called “inclusive” stance and said that even if it wanted to comply, controlling state law prevented them from changing the policy. This assertion has since been challenged by AFL.

LCPS did not respond to the Daily Caller News Foundation’s request for comment.

“We are very pleased with the Court’s decision and we look forward to fighting on behalf of our clients,” Ian Prior, Senior Counselor at AFL, said in a statement.

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