Gender Policies Lawsuits By Arlington, Fairfax Schools Dismissed

ALEXANDRIA, VA — A federal judge on Friday dismissed lawsuits filed by two Northern Virginia school systems against the U.S. Department of Education that sought to resolve a dispute over their policies on bathroom and locker room use based on gender.

U.S. District Judge Rossie D. Alston Jr. denied a request by the Arlington County and Fairfax County school boards to issue a preliminary injunction and/or temporary restraining order that would have prevented the education department from denying federal money to the schools over their gender policies. Those policies run afoul of the Trump administration.

“Under controlling Supreme Court and Fourth Circuit precedent, this Court lacks subject matter jurisdiction. Thus, this Court ‘may not rule on the merits’ of the questions raised by Plaintiffs,” Alston wrote, in his analysis of the complaint.

Since the court lacks jurisdiction in the cases, it does not have the authority to compel the government to reinstate the grants and disburse funds, which is what the school systems were asking the court to do, according to Alston.

“Moreover, despite the discussion at the Sept. 3, 2025 hearing and the Court’s questions regarding how the Tucker Act applies to specific counts, Plaintiffs continue to refer broadly to the Complaints in their entirety,” he said. “Thus, the Court is left without a principled basis on which it could carve out any particular count from the overarching reinstatement-of-grants framework and craft a non-causally or legally related relief. Again, this compels the conclusion that this Court lacks subject matter jurisdiction.”

"If a school, athletic association, or school district wants to continue receiving support from the federal government, it must abide by Title IX – plain and simple," U.S. Education Secretary Linda McMahon said, in an X post on Friday.

The Washington Post reported the school districts can refile the case in federal claims court or appeal the current case to the Fourth Circuit.

“We are deeply disappointed with today’s decision and are evaluating legal and practical options going forward," Arlington Public Schools said in a statement to the Post. “The court’s decision puts at risk the health and safety of thousands of students, jeopardizing access to free meals, counseling, and academic resources.”

Fairfax County Public Schools said in a statement to the Post that its leaders believe the Education Department’s “actions violate the U.S. Constitution, and the Administrative Procedures Act.”

“This put FCPS in the untenable position of needing to violate federal court precedent to secure necessary funding,” the district said.

Patch reached out to both school systems for comment. This story will be updated with their responses.

Also See …

• Arlington, Fairfax Schools Sue Feds Over Gender Policies
• 5 NoVA School Districts Reaffirm Transgender Student Policies In Rebuke To Trump Administration
• LGBTQ Pride Message On VA Church Sign Smashed By Vandals
• 'Despite Great Attacks' Fairfax Schools Supports Trans Students, Staff

On July 25, the education department’s office for civil rights notified APS and FCPS, as well as Loudoun County Public Schools, Prince William County Public Schools, and Alexandria City Public Schools, that their policies violated Title IX, a federal law prohibiting discrimination based on sex in education programs and activities receiving federal funding.

America First Legal, a conservative firm founded by White House Deputy Chief of Staff Stephen Miller, had sought a federal investigation into the Northern Virginia school districts' policies. The group had raised concerns about the policies allowing biological males into female bathrooms and locker rooms.

The federal government threatened to withhold federal money if the school districts did not revoke their policies. While many funds for Virginia school districts come from localities and the state, the federal government provides money for Title I schools, special education and nutrition programs.

The education department gave the five districts an Aug. 15 deadline to decide whether to keep their current bathroom and locker room policies or risk losing federal funding.

The five school systems did not change their policies by the education department's deadline, leading APS and FCPS to file their lawsuit on Aug. 29.