Even though a lawsuit against a Virginia school district has been dismissed, the founder of Liberty Counsel says it's not over till it's over.
Saying the plaintiffs lacked legal standing, the justices of the Virginia Supreme Court dismissed a suit against the Fairfax County School Board, which was based on the board adding "sexual orientation," "gender identity" and "gender expression" to school policy.
Mat Staver of the Liberty Counsel – the firm representing the plaintiffs – says they may have lost this round but the fight isn't over because of developments since the case was originally filed.
" ... We now have a young boy who's been required to actually use the restroom with a girl, and we also have other issues that we will raise as well," the attorney explains. "So the case is certainly not over."
He says it's important to note that the court didn't rule on the substantive issue of the case – specifically, that what the board did violates state law. Virginia follows what is known as the "Dillon Rule," which requires local nondiscrimination laws to not be more stringent than the state law.
"We want to get to a position where the court does rule on the substantive issue – and I believe clearly when they do it's going to be very clear," says Staver.
"School boards do not have the authority to add additional nondiscrimination categories to their policies that are not listed in the state law. That's very clear. And when we get to that particular issue, it will be a slam dunk."
Staver says his group is "exploring all possible avenues" to further challenge the policy changes.