Attorney General Jason Miyares has submitted an amicus brief in federal court on behalf of two Loudoun County students who were suspended after expressing discomfort when a female student, identifying as male, entered the boys’ locker room and recorded them. According to the Attorney General’s office, both boys are Christian, and while they faced suspension, another student from a different religious background who allegedly engaged in similar conduct was not disciplined.
The amicus brief claims that the suspensions represent unlawful retaliation and viewpoint discrimination under the First Amendment, as well as religious discrimination in violation of the Fourteenth Amendment. The filing requests that the court stop Loudoun County Public Schools from enforcing these suspensions during ongoing litigation.
Earlier this year, following an investigation by the Virginia Office of the Attorney General, findings were sent to the U.S. Department of Education. The department concluded that Loudoun County Public Schools and its School Board had violated Title IX and unlawfully retaliated against the students. Despite this determination, school officials continued with disciplinary actions—including suspending one student for a day until a federal court issued a temporary restraining order.
Attorney General Miyares stated: “The brief argues that the students’ suspensions amount to unlawful retaliation and viewpoint discrimination in violation of the First Amendment, as well as religious discrimination under the Fourteenth Amendment. The brief asks the Court to prohibit Loudoun County Public Schools from enforcing the suspensions while the lawsuit is pending.”
