A Virginia school district has struck a deal to end a federal lawsuit over its transgender pronoun and locker room policies, a decision that could save it thousands in legal fees and also avoid a ruling on the constitutionality of those policies. 

In October, a conservative legal firm, America First Legal, filed a federal lawsuit against Fairfax County Public Schools, FCPS, over its policy allowing students to use bathrooms and locker rooms that align with their gender identities and another policy that requires students to use their peers’ preferred pronouns. The litigation says the district told girls to change in bathrooms if they felt uncomfortable with biologically male students using the girls’ locker room.

Fairfax County Public Schools agreed this week to allow a judgment to be entered against the district instead of continuing to defend the policy in court. America First Legal said that the plaintiff, known as Jane Doe, accepted the offer of judgment, which would end the case. 

The offer says that FCPS will pay nominal damages of $50 and the plaintiff’s attorney’s fees. The agreement has yet to be approved by a judge. If FCPS’s offer is accepted by the judge, it would allow the district to avoid a potential ruling against the constitutionality of its policies in this case.

The president of America First Legal, Gene Hamilton, claimed victory, saying, “Our client’s rights were violated, and today she has justice.”

“This judgment is a crucial reminder that no one is above the law. Fairfax County attempted repeatedly to block this case, and they failed. America First Legal will not stop defending students whose safety and dignity are threatened,” he added.

FCPS tells the Sun, “The settlement is not an admission of liability or wrongdoing by FCPS.  We resolved this dispute for a nominal amount to safeguard public resources and save taxpayers thousands of dollars in legal fees and costs.”

“FCPS remains committed to providing a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community,” the district said. 

The lawsuit against FCPS comes as several school districts in northern Virginia are facing scrutiny of their transgender policies. 

Loudoun County Public Schools is facing a lawsuit for suspending two male students who questioned why a biological female, who identified as a male, was in the boys’ locker room. LCPS accused the male students of harassing the female student. The families of the male students who were subjected to a Title IX investigation say their children did nothing wrong and merely expressed discomfort with the presence of a female in the boys’ locker room.