On Friday the Fairfax County Circuit Court dismissed a Liberty Counsel lawsuit due to standing. Liberty Counsel sued the School Board of Fairfax County, Virginia, for changing its nondiscrimination policy to include sexual orientation and gender identity. The court ruled that the anonymous Fairfax County student named in the case, did not face an injury, such as being expelled or suspended. Therefore, he lacked standing to sue. Mat Staver vows to appeal.
What is interesting is that LC might have a case on the merits but they don’t get there because their plaintiff cannot demonstrate how he was harmed.
Most of our states operate under “home rule” giving municipalities the authority to govern their affairs as they see fit providing that they do not violate state or federal law. The Commonwealth of Virginia is a “Dillon’s Rule” state. Local government has only those powers specifically conferred on them by the legislature or powers that are indispensable to governance. Some states, by the way, are a mix of both. If there is reasonable doubt then the political subdivision does not have the authority in question.
The more important question is overlooked
What is it that makes these nondiscrimination protections at all controversial? Liberty Counsel is designated an anti-gay hate group — and for good cause. According to them:
Under today’s ruling, students in Fairfax County Public Schools are told, “We do not care if your fundamental right to education and right to privacy have been violated” … Minors in Fairfax County, Virginia, will now be subjected to invasions of their privacy, inside the very school district tasked with protecting them. Once again, the fundamental rights of minors were trampled by a lack of common sense and an appropriate understanding of biology.
It is the usual right wing Christianist homophobic and transphobic bullshit claiming victimhood. The simple fact is that Liberty Counsel doesn’t want any legal constraints on their anti-LBGT bigotry. But first, it seems, they are going to have to troll for a Christian parent to induce their poor defenseless and oppressed little Christian child to proffer some sort of injury as a result of the school district’s outrageous desire to protect LGBT students.