Mat Staver - Liberty Counsel

As previously noted, on February 20, 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 vowed to appeal.

Then, today,

Harry Mihet - Liberty Counsel

Attorney Harry Mihet [with Liberty Counsel] says they are appealing that decision. [We knew that already]

“If they don’t have standing to object to it, then no one does,” he says. “And the school board is effectively immune from any kind of accountability or review for their wrongheaded action. That cannot be the law.”

That’s nonsense. The Christian parent and child that they recruited could not demonstrate how they were injured. Ergo, no standing. It is quite simple really. They will need to find a kid who violated the code and was disciplined for having done so.

Mihet says the dismissal will be appealed directly to the State Supreme Court.

“[Virginia’s state court] has a very clear record of upholding the law on this issue and of limiting local government bodies from taking the law into their own hands and going against the state legislature,” notes the attorney.

They might actually have a case on the merits. The Commonwealth of Virginia is a “Dillon’s Rule
state. Local government has only those powers specifically conferred on
them by the legislature or those 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 school board will likely claim that non-discrimination policies are essential to the proper functioning of the district.

Liberty Counsel poised for a win if they can find someone with standing. Knowing Liberty Counsel they will figure out some way to fuck themselves up. They always do. God must hate Liberty Counsel. Liberty Counsel is designated an anti-gay hate group by the Southern Poverty Law Center.

By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.