FCPS Settles Lawsuit on Gender Identity Policies

Fairfax County Public Schools (FCPS) has reached a settlement in a lawsuit concerning its gender identity policies. The lawsuit was filed by a former student, known as Jane Doe, represented by the organization America First Legal. The court proceedings were avoided after FCPS offered a judgment of $50 along with compensation for legal fees.
Key Details of the Settlement
The settlement was finalized on December 1, 2024, by the U.S. District Court for the Eastern District of Virginia. The initiative aimed to save both parties from extensive legal costs. According to Sona Rewari, an attorney representing the school board, the $50 judgment was substantial compared to potential trial outcomes.
FCPS’s Position on Gender Identity Policies
- FCPS maintains that its policies comply with both state and federal laws regarding gender-based discrimination.
- The school board stated that the resolve was made to protect public resources and minimize taxpayer expenses.
- FCPS issued a statement reaffirming its commitment to providing a supportive environment for all students, including those who are transgender or gender-expansive.
Despite the settlement not constituting an admission of wrongdoing, America First Legal labeled it a significant win for their side. The organization argued that FCPS’s policies had infringed upon Doe’s rights regarding free speech and religious beliefs.
Background of the Case
Initially filed in March 2024, the lawsuit centered on Doe’s experiences at West Springfield High School. She reported feeling uncomfortable sharing restrooms with a gender-expansive student. Doe challenged the school’s provisions regarding privacy and accommodations under its regulation 2603, which allowed flexible restroom use.
Legal Implications of the Case
The case was re-filed in federal court on October 3, adding claims relating to violations of Doe’s constitutional rights. America First Legal’s President Gene Hamilton emphasized that the judgment underlines the necessity of adhering to the law. He mentioned the organization’s ongoing commitment to defending students against perceived threats to their safety and dignity.
Broader Context of Legal Challenges
- This lawsuit is part of a larger trend of legal actions challenging transgender rights in schools.
- FCPS is involved in a separate court battle with the U.S. Department of Education over funding related to its gender identity policies.
- Other districts, such as Arlington Public Schools, are similarly embroiled in legal disputes regarding these policies.
The Fourth Circuit Court of Appeals is set to hear arguments related to this matter on January 29, 2026. The legal landscape continues to evolve as stakeholders address the implications of policies supporting transgender students.




