Virginia’s school bathrooms have become a battleground for federal law. America First Legal (AFL) is demanding that the Department of Justice and the Department of Education probe five school districts for policies that allegedly let students pick restrooms based on gender identity, not biology.
The Daily Caller reported that the AFL’s letter, sent Thursday, targets Alexandria, Arlington, Fairfax, Loudoun, and Prince William school districts for allowing students to use facilities matching their gender identity.
These policies, AFL claims, violate federal protections under Title IX, which the Trump administration clarified as safeguarding spaces based on biological sex. The group insists this setup invites discrimination and privacy invasions.
The controversy stems from policies that AFL says misinterpret a narrow court ruling. They point to the Grimm v. Gloucester County School Board case, where a Virginia school was accused of discriminating against a transgender student by mandating private restrooms. The Supreme Court passed on hearing it in 2021, leaving the decision to lower courts.
AFL argues the Grimm case doesn’t justify blanket policies. Unlike the student in Grimm, who had a verified gender identity diagnosis, these districts allegedly let any student choose restrooms without such confirmation. This, AFL says, stretches the ruling beyond its limits.
“It’s a slap in the face to parents,” said Ian Prior, AFL’s senior counselor, in a press release. He calls the districts’ reliance on Grimm a deliberate misreading, accusing them of using a specific case to push broad, controversial policies. Parents, he suggests, are being sidelined in the name of ideology.
Prior’s words sting because they highlight a disconnect. Schools claim to champion inclusivity, but AFL argues they’re trampling on parental rights and student safety. The policies allow districts to keep a student’s gender identity and bathroom choices secret from parents.
Fairfax County’s guidance document prioritizes “privacy and confidentiality” for transgender students, stating staff aren’t required to inform parents about a student’s gender identity affirmation.
“If a student is not ready to share with their family, this should be respected,” the document reads. This stance, while empathetic, fuels concerns about eroding parental authority.
The Fairfax policy assumes some families aren’t “supportive,” but AFL sees this as a dodge. By withholding information, schools may be fostering distrust rather than protecting students. It’s a bold move that risks alienating those who foot the bill for public education.
“Privacy and confidentiality are critical for transgender students,” the Fairfax document continues, emphasizing student autonomy. But AFL counters that this secrecy sacrifices transparency. Parents, they argue, deserve to know what’s happening with their kids in school facilities.
The five districts didn’t respond to inquiries from the Daily Caller News Foundation. Neither did the Department of Justice nor the Department of Education. Their silence leaves questions about how they’ll address AFL’s allegations.
This isn’t the first time these districts have faced scrutiny. The Department of Education is already investigating them for similar complaints AFL lodged in February. Fairfax County also faces a probe for allegedly tweaking a magnet school’s admissions to favor race-based outcomes.
Loudoun County’s track record adds fuel to the fire. In 2021, it was criticized for allegedly covering up sexual assault claims. Now, Virginia’s attorney general is digging into reports of a female student recording in a boys’ locker room there.
Arlington’s policies came under fire after a chilling incident. A serial sex offender was allowed to watch girls change in a high school locker room for months before his arrest in December 2024.
Yet, Arlington doubled down on its inclusive stance, raising eyebrows about priorities. AFL’s letter paints these policies as “gender ideology extremism” that endangers students.
They argue that allowing boys into girls’ spaces disregards biological realities and Title IX’s intent. It’s a charge that resonates with parents wary of progressive overreach.
The fight over Virginia’s school bathrooms isn’t just about facilities—it’s about trust. AFL’s push for an investigation signals a broader clash between parental rights and school policies chasing inclusivity at all costs. As the feds mull their response, the debate over safety, privacy, and law rages on.
