The anti-LGBT legal group on March 17 filed a notice of appeal of Fairfax County Circuit Court Judge Brett Kassabian’s ruling with the Virginia Supreme Court.
The Liberty Counsel last December filed the lawsuit on behalf of Traditional Values Coalition President Andrea Lafferty and an unnamed minor. His parents and two of their friends are also named as plaintiffs.
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.
Robert Rigby, Jr., president of FCPS Pride, a group that represents LGBT employees of the Fairfax County School District, criticized the Liberty Counsel in a press release he issued on Tuesday.
“With these tactics, Liberty and their allies seek to delay FCPS’ progress in developing policies, regulations, resources for families, and trainings for staff and students to implement fair and successful treatment of lesbian, gay, bisexual and transgender students, their families, staff and applicants,” said Rigby.
The Liberty Counsel has yet to return the Blade’s request for comment.
Virginia Attorney General Mark Herring in March 2015 said state law allows school boards to include sexual orientation and gender identity in their nondiscrimination policies. This opinion overturned then-Attorney General Jerry Kilgore’s 2012 position that said officials cannot add such language to such provisions, unless the General Assembly passed a law allowing them to do so.
A Virginia House of Delegates committee last month killed state Del. Bob Marshall (R-Prince William County)’s bill that would have prevented municipalities from enacting measures against anti-LGBT discrimination.