DOJ Sues Loudoun County School Board Over Gender Identity Policy

The U.S. Department of Justice (DOJ) has filed a lawsuit against the Loudoun County School Board in Virginia, alleging that the enforcement of Policy 8040 infringes upon the constitutional rights of two Christian male students. The policy, adopted in August 2021, mandates that students and faculty accept and promote gender identity concepts, including allowing transgender students to use facilities corresponding to their gender identity.

According to the DOJ, the school board's actions violate the Equal Protection Clause of the Fourteenth Amendment. Assistant Attorney General Harmeet K. Dhillon stated, "Students do not shed their First Amendment rights at the schoolhouse gate. Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality."

The lawsuit centers on an incident at Stone Bridge High School, where a female student, under the provisions of Policy 8040, entered the boys' locker room and recorded audio and video of male students. Two Christian male students expressed objections to this policy, citing their religious beliefs that require the use of biologically accurate pronouns and sex-segregated facilities. In response, the school board suspended these students for ten days and mandated their participation in a "Comprehensive Student Support Plan," actions the DOJ contends violate the students' rights to free exercise of religion.

Policy 8040 allows students to use names and pronouns that reflect their gender identity and access facilities corresponding to that identity. The policy aims to create an inclusive environment for transgender and gender-expansive students. However, it has faced significant opposition from parents and community members who argue that it conflicts with their religious beliefs and concerns about privacy and safety.

This legal action follows a series of investigations and findings by federal and state authorities. In September 2025, the U.S. Department of Education's Office for Civil Rights concluded that Loudoun County Public Schools violated Title IX by failing to respond appropriately to reports of sexual harassment in the boys' locker room and retaliating against male students. The investigation revealed a double standard in handling complaints, with the school promptly addressing a female student's grievances while dismissing similar complaints from male students.

Additionally, in June 2025, Virginia Attorney General Jason Miyares announced findings that Loudoun County Public Schools initiated a retaliatory Title IX investigation against three male students who expressed religious objections to Policy 8040. The Attorney General's office referred the matter to the U.S. Department of Education and the DOJ for further investigation.

The lawsuit against Loudoun County is part of a broader national debate over the rights of transgender students and the intersection of these rights with religious freedoms. In June 2025, the U.S. Supreme Court ruled that Maryland parents with religious objections have the right to remove their children from public school lessons that include LGBTQ-themed content, emphasizing the protection of religious freedoms in educational settings.

Furthermore, the Trump administration has taken steps to penalize school districts that support transgender students' rights. In September 2025, the administration placed five Northern Virginia school districts, including Loudoun County, on "high-risk status," threatening to withhold over $50 million in federal education funding due to their refusal to reverse policies supporting transgender and gender non-conforming students.

The outcome of this lawsuit could have significant implications for educational policies nationwide, particularly in balancing the rights of transgender students with the religious freedoms of other students. As the legal proceedings unfold, school districts across the country will be closely monitoring the case to inform their own policies and practices.