Awealthy suburban D.C. school district belatedly justified its 10-day suspensions of two boys for complaining about a female who identifies as a boy recording them in their locker room, by claiming they had harassed the female student “over weeks and months.”
That wasn’t enough for U.S. District Judge Leonie Brinkema to reinstate suspensions by Virginia’s Loudoun County Public Schools, which she paused Sept. 16 shortly after the anonymous Christian boys sued.
The President Clinton nominee granted the boys’ preliminary injunction motion at a hearing Friday, shielding the 11th graders throughout litigation from punishment and a disciplinary notation on their record that could sink their college applications.
One left LCPS after suing but “the threat of discipline remains” if he returns, their lawyers at America First Legal Foundation and Founding Freedoms Law Center wrote in their motion for preliminary injunction. (Brinkema asked last month why he should remain a plaintiff.)
Brinkema didn’t give her reasoning in Friday’s bench order, but AFL lawyer Ian Prior told the media she cited serious constitutional questions, the harm of removing their educational experience and the timing of the “permanent mark on their records.” The judge will issue an order with her reasoning but didn’t give herself a deadline.
“We’re extremely pleased” suspensions are off the table throughout litigation, Prior said. They expect to succeed on all counts – likelihood of success is a factor supporting preliminary injunctions – but need to win only one, he stressed.
It’s arguing discrimination by religion, because a Muslim student who complained about the female wasn’t punished, and sex, for LCPS telling the boys to find a different place to change but not the female student. LCPS also violated the boys’ constitutionally protected free speech and misused its Title IX probe and findings “as a pretext for viewpoint discrimination.”
Hellbound and Down 