FCPS Pride, a group that represents LGBT employees of the Fairfax County School District, welcomed the decision from the Fairfax County Circuit Court.
“Our nondiscrimination policies are safe,” wrote FCPS Pride on its Facebook page.
The Liberty Counsel in December filed a lawsuit against the policy on behalf of Traditional Values Coalition President Andrea Lafferty and an unnamed minor. His parents and two of their friends are also named in the complaint.
The lawsuit alleges that members of the Fairfax County School Board violated Virginia law when they added sexual orientation and gender identity to the district’s nondiscrimination policy in November 2014 and May 2015.
The Liberty Counsel on Friday said it plans to appeal the judge’s ruling.
Virginia Attorney General Mark Herring last March said state law allows local school boards to include sexual orientation and gender identity in their nondiscrimination policies. The opinion overturned then-Attorney General Jerry Kilgore’s 2012 position that said officials cannot add such provisions, unless the General Assembly was to pass a law allowing them to do so.
The Virginia House of Delegates General Laws Committee earlier this month killed state Del. Bob Marshall (R-Prince William County)’s bill that would have prevented municipalities from enacting measures against anti-LGBT discrimination.
“Civil rights are coded in Virginia law,” said Liberty Counsel Chair Mat Staver on Friday. “In changing the nondiscrimination laws, the school board acted recklessly and unlawfully.”