ACLU of Virginia lawsuit alleges King George School Board blocked LGBTQ+ student club

The case comes after the U.S. Department of Education recently stopped collecting data on bullying against transgender and non-binary students, and could shape how Virginia schools weigh student club policies against First Amendment protections.

“Student clubs help students build community, find belonging, and thrive, and when schools offer those opportunities, the law requires that they be available on equal terms to all students,” Mary Rohmiller, partner at Potomac Law Group, said in a statement on Tuesday. 

“But King George County Schools appears to be applying a double standard to the GSA at its middle schools. The students at the heart of this case are not asking for special treatment – they’re asking for equal treatment,” Rohmiller continued.

King George School Board Chair Colleen Davis and Superintendent Jesse Boyd did not comment on the case or respond to questions about the board’s policy and process for new student clubs or whether the board will revise them to align with community feedback. The board will hold an event to kick off the upcoming school year Friday afternoon, followed by a regular meeting on Aug. 17. 

The suit, representing the families of the two students, names Boyd, Davis, and the other four board members. 

According to the lawsuit, last fall, 17 students expressed interest in the club after a student, unnamed in the complaint, completed the administrative process for starting the GSA club at their middle school, which serves nearly 1,100 students in grades 6-8.

School officials paused the creation amid community backlash against a teacher who agreed to serve as the club sponsor, and threats to school officials surfaced.

Ultimately, the board’s action led to revised policies that, according to the lawsuit, effectively prohibit noncurricular groups at the middle school, including the proposed GSA. 

The policy changes limited noncurricular student groups to King George High School and set requirements and procedures for noncurricular student organizations for high school students.

“King George County Schools cannot move the goalposts to prevent an organization that promotes respect and equality for LGBTQ+ students from existing just because school board members disagree with its message,” ACLU-VA Staff Attorney Julia Kahn said in a statement. “The First Amendment and Equal Access Act protect all students, and the school board cannot pick and choose who the rules apply to. Why this club, and not others?”

According to the suit, school administrators proposed replacing the GSA with more general clubs, such as “Safe Space Group,” since the board would be unlikely to approve it if it were explicitly identified with LGBTQ+ students.

But the students rejected the alternatives.

The lawsuit also alleges that the students received different treatment from the administration compared to other student groups, including the Fellowship of Christian Athletes, a Christian nonprofit organization that focuses on combining sports and faith, and elementary school clubs. 

The administration accommodated the FCA when it was proposed by amending the curriculum of a leadership class to make the FCA curricular rather than extracurricular, according to the lawsuit. The families said this effort undercuts the board’s stated justification for eliminating noncurricular groups.

The families of the two students said they continue to suffer irreparable harm from being unable to establish and participate in the GSA.

Although the lawsuit details the case at King George schools, it does not mention the Genders and Sexualities Alliance Network, which has a similar acronym and supports LGBTQ+ youth and their allies in becoming leaders and advocates for safer, more inclusive schools and communities.

The GSA Network encourages those interested to register their school-based and community alliances.

A trial date has not been set yet in the case.

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